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1626837 



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REYNOLD HISTORICAL 
GENEALOGY COLLECTION 










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3 1833 02405 6977 



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Indian a _ H i s to r i cal Society 



PUBLICATIONS. 



& 



Volume 2. 



Wffi 



INDIANAPOLIS: 

THE BOWEN-MERRILL COMPANY. 

1895. 



. « ** 






1626837 



OFFICERS 



INDIANA HISTORICAL SOCIETY 

During- the Publication of this Volume. 



HON. W. H. ENGLISH, President. 

VVM. W. WOOLLEN, rst Vice-Pres. and Corresponding 

Secretary. 
GEN. JOHN COBURN, 2d Vice-President. 
JUDGE D. W. HOWE, 3d Vice-President. 
W. DEM. HOOPER, Treasurer.* 
J. P. DUNN, JR., Recording Secretary. 

EXECUTIVE COMMITTEE. 

A, L. ROACHE, W. DEM. HOOPER, t 

A. C. HARRIS, J. P. DUNN, JR., 

J. R. WILSON. 



"CHARLES E. COFFIN, Treasurer (since Dec. 27, 1894.) 
tCHARLES MARTINDALE (since Dec. 27, 1894.) 



/- 



tS) 



TABLE OF CONTENTS. 



No. i. The Laws and Courts of Northwest and Indiana Territories. 
By Daniel Wait Howe. 

No. 2. The Life and Services of John B. Dillon. By Gen. John Coburn 
and Judge Horace P. Biddle. 

No. 3. The Acquisition of Louisiana. By Judge Thomas M. Cooley. 

No. 4. Loughery's Defeat and Pigeon Roost Massacre. By Charles 
Martindale. 

No. 5. A Descriptive Catalogue of the Official Publications of the Ter- 
ritory and State of Indiana from 1800 to 1890. By Daniel 
Wait Howe. 

No. 6. The Rank of Charles Osborn as an Anti-Slavery. Pioneer. By 
George W. Julian. 

The Man in History. By John Clark Ridpath. 

Ouiatanon. By Oscar J. Craig. 

Reminiscences of a Journey to Indianapolis in 1836. By C. P. 
Ferguson. 

Life of Ziba Foote. By Samuel Morrison. 

" Old Settlers." By Robert B. Duncan. 

French Settlements on the Wabash. By Jacob Piatt Dunn,. 
No. 12. Slavery Petitions and Papers. By Jacob Piatt Dunn. 



1 



No. 


7- 


No. 


8, 


No. 


9- 


No. 


10, 


No. 


11. 



(Hi) 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 
Volume II. Number i. 



THE LAWS AND COURTS 



NORTHWEST and INDIANA 



TERRITORIES 



DANIEL WAIT HOWE. 



INDIANAPOLIS: 

THE BOWEN-MERRILL COMPANY. 

1886. 



LAWS AND COURTS OF ' 
Northwest and Indiana Territories. 



The Northwest Territory. Almost the last note- 
worthy act of the old Confederate Congress was the pas- 
sage of the Ordinance of 1787. The federal constitution 
had not then been adopted, but was under discussion in 
the convention. . The vast region intended to be governed 
by the ordinance was an almost unbroken wilderness. On 
the North lay the British possessions, on the West was 
the great tract of country, afterwards ceded to the United 
States, known as Louisiana, and between that and the 
Northwest territory flowed the Mississippi, with banks 
yet as somber and as wild as when the bold La Salle 
floated down upon its placid current. South of it was the 
dark and bloody ground, where the recollection was yet 
fresh of cruel massacres and desperate conflicts between 
the white settlers and the Indians. Between the territory 
and the settled portions of the Atlantic sea coast stretched 
a wilderness filled with savage beasts and savage men. 
Within the territory were a few settlements clustered 
around forts scattered here and there. The Indians yet 
claimed title to nearly all the land. The trails were yet 
fresh over which Pontiac had led the warriors whom he 
summoned to his aid in his great conspiracy against the 
whites. To reach the new territory from the East the 
emigrant, if he started from the neighborhood of Albanv, 

(3) 



-—.--- ■ — 



4 THE LAWS AND COURTS OF 

New York, made his way, chiefly by water, to the great 
lakes, or, if he started from the region about Philadel- 
phia, he crossed the Alleghanies, transporting his goods 
in six-horse wagons or upon pack-horses, and striking 
the Ohio at»Fort Pitt, or Wheeling. Then he proceeded 
by land, loading his effects upon pack-horses, and plung- 
ing into the wilderness, or else he took a flat boat ca-lled 
an " ark " or "broad-horn/* and floated down the Ohio, 
exposed every moment to danger of wreck by snags, or to 
the bullets of the savages who lurked in the darkness of 
the woods on the shores. 1 When he reached his destina- 
tion he found the soil to be fertile, the vegetation luxuri- 
ant, all nature inviting man to join with her in developing 
the wealth of resources that had lain dormant for centu- 
ries. But he found everything as nature had made it. 
He had to cut down great forests before he could till the 
land. There were no roads, no cities, no towns, no 
schools, no churches. The ground was full of malaria, 
the woods were full of beasts of prey. A treacherous and 
savage foe watched his every motion with jealous eye. 
To venture far away from the vicinity of his co-pioneers 
was to run the risk of being tomahawked and scalped. It 
-was in this wild and savage wilderness that civil govern- 
ment was now about to be established, and the reign of 
law to be inaugurated. 

The Ordinance of 1787. The ordinance of 1787 has 
well been called the Magna Charta of the Northwest. It 
prohibited slavery forever within the limits of the terri- 
tory. It secured religious freedom. It provided that 
* l schools and the means of education shall forever be en- 
couraged." It recognized and reaffirmed all those car- 
dinal guarantees of life, liberty and property which our 
English ancestors had wrested from unwilling monarchs, 

1 Parkman's Conspiracy of Pbntiac, p. 151. McMaster's History of 
United States, Vol. 2, p. 144. Cist's Cincinnati Miscellany,Vol. 2, p. 147. 



NORTHWEST AND INDIANA TERRITORIES. 5 

and those which our forefathers had sanctified by the 
Revolution. It was a memorable beginning in the shap- 
ing of the destinies of the great states born of the North- 
west territory, and has left its impress upon the constitu- 
tions and laws of all of them. 

Plan of Territorial Government. The territory 
for the government of which the ordinance was adopted 
was styled, " The Territory of the United States North- 
west of the River Ohio." • It was stipulated that out of it 
should be formed not less than three, nor more than five, 
states. It was provided that a governor, secretary, and 
three judges should be appointed by Congress. By a 
supplemental act, passed in 1789, it was provided that all 
these officers should be appointed by the President by and 
with the advice and consent of the Senate, and that the 
secretary, in case of the death, removal, resignation, or 
necessary absence of the governor, should perform the 
duties of the latter. The law-making power was vested 
in the governor and judges until the organization of a, gen- 
eral assembly. But the law-making power was carefully 
limited by the following provision : " The governor and 
judges, or a majority of them, shall adopt and publish in 
the district such laws of the original states, criminal and 
civil, as may be necessary and best suited to the circum- 
stances of the district, and report them to Congress, from 
time to time, which laws shall be in force in the district 
until the organization of the general assembly therein, un- 
less disapproved of by Congress ; but afterwards the legis- 
lature shall have authority to alter them as they shall think 
fit " By a subsequent act passed in 1792, the governor 
and judges were authorized to repeal the laws made by 
them whenever the same should "be found to be im- 
proper." It was further provided that, as soon as there 
should be five thousand free male inhabitants of full age 
in the district, a general assembly might be organized, 



—- — - - ■ - 



6 THE LAWS AND COURTS OF 

consisting of the governor, a legislative council of five 
members, selected as provided in the ordinance, and a 
house of representatives consisting of one member for ev- 
ery five hundred free male inhabitants, elected by the 
qualified voters. The governor was given power to "con- 
vene, prorogue, and dissolve the general assembly, when, 
in his opinion, it shall be expedient.'' No bill, or legisla- 
tive act, was to be of any force without the assent of the 
governor, thus, in effect, giving him an absolute veto 
power. The judicial power was vested in the three judges, 
who were given common law jurisdiction, and any two of 
them were authorized to form a court. 

Organization of Territorial Government. The 
first officers appointed were Arthur St. Clair, governor, 
Winthrop Sargent, secretary, and Samuel Holden Par- 
sons, James Mitchell Varnum and John Armstrong, judges. 
The latter declining to serve, John Cleves Symmes was 
appointed in his place. On July 9, 1788, the governor 
and judges arrived at Marietta, which was then the only 
American settlement in the territory. 1 It could not have 
been an imposing capital, for we are told by Harris in his 
Journal of a Tour in the Northwest Territory 2 that by the 
first of December in that year, " besides single men and 
others for the purpose of building cabins for the reception 
of their families, about twenty families had arrived." The 
same writer deemed it worthy of note that as late as 1803 
the buildings were " neat, though small, and furnished, in 
many instances, with brick chimneys and glass windows." 3 

The First Court. The first court held in the North- 
west territory was opened at Marietta, September 2, 1788, 
and the opening is thus described by a writer in Cist's Cin- 
cinnati Miscellany : 4 " The procession was formed at the 
Point [where most of the settlers resided] in the following 

*Chase's Sketch of Ohio, pp. 18, 19. f p. 191. 'Id. 58. *YoL 1, p. 229. 



W-WSf^S7 



NORTHWEST AND INDIANA TERRITORIES. 7 

order: 1st, the high sheriff with his drawn sword, 2nd 
the citizens, 3rd, the officers of the garrison at Fort Har- 
mer, 4th, the members of the bar, 5th, the supreme judges, 
6th, the governor and clergyman, 7th, the newly appointed 
judges of the court of common pleas, General Rufus Put- 
nam and Benj. Tupper. They marched up a path that 
had been cut and cleared through the forest to Campus 
Martius Hall [Stockdale], when the whole counter 
marched and the judges, Putnam and Tupper, took their 
seats. The clergyman, Rev. Dr. Cutler, then invoked the 
divine blessing. The sheriff, Col. Ebenezer Sproat [one 
of nature's nobles], proclaimed with a solemn 'Oyes' that 
* a court is opened for the administration of even handed 
justice to the poor and the rich, to the guilty and the inno- 
cent, without respect of persons, none to be punished with- 
out a trial by their peers, and then in pursuance of the 
laws and evidence in the case.' " A large body of In- 
dians, collected from the most powerful tribes in the West, 
and assembled for the purpose of making a treaty, were 
present. "What were their impressions," the writer adds, 
•' we are not told." 

Laws of the Governor and Judges. The governor 
and judges began to exercise their legislative functions in 
July of the same year, and sessions were held by them at 
various times until the convening of the general assembly. 
The laws enacted by them were originally printed in four 
volumes : volume 1, containing the laws of 1788, 1790 and 
1791 ; volume 2, containing the laws of 1792 ; volume 3, 
the first book printed in the territory, containing the laws 
of 1795, commonly known as the Maxwell code, from the 
name of the printer;, volume 4, containing the laws of 
I798. 1 

l The original printed volumes have long since become rarities ; only a 
few are to be found in the State of Indiana, and none in any of the state 
or public libraries. Mr. John M. Judah, of Indianapolis, Mr. Wm. Far- 



8 TEE LAWS AND COURTS OF 

The laws of 1788 were passed at Marietta ; of the laws 
of 1790, three were passed at Vincennes by Winthrop Sar- 
gent, secretary of the territory and acting governor, and 
the judges, John Cleves Symmes and George Turner ; 
most of the subsequent laws of the governor and judges 
were passed at Cincinnati. 

It would serve no useful purpose to mention in detail all 
the laws passed by the governor and judges. They re- 
lated chiefly to the organization of courts and rules of 
practice, the raising of revenue, the fees of officers, crimes 
and punishments, the government of the militia and other 
matters which would naturally demand the attention of the 
law-makers of a new country. Some of them, however, 
may be briefly noticed. 

Militia Law of 1788. The very first act, as a matter 
of course, was " a law for regulating and establishing the 
militia," adopted July 25, 1788, the 4th section of which 
provides that ''the corps shall be paraded at ten o'clock in 
the morning of each first day of the week, armed, equipped 
and accoutred as aforesaid, in convenient places next ad- 
jacent to the place or places assigned, or to be assigned, 
for public worship." 1 This provision was not repealed 
until 1795. 2 

Pillories and Whipping Posts. Pillories, whipping 
posts and stocks were authorized to be built in each 
county for the punishment of offenders against the laws, 
of which there were a number providing for such a pun- 



rell, of Paoli, and Gen. Alvin P. Hovey, of Mount Vernon, each have 
complete sets. A reprint was published in Cincinnati, containing the 
laws of the governor and judges, and also the laws of the first and second 
sessions of the first, and of the first session of the second territorial gen- 
eral assemblies. To this reprint is prefixed, "A Sketch of the State of 
Ohio," which is understood to have been written by Salmon P. Chase, 
and which contains much valuable information. The references in this 
paper are to the Cincinnati reprint. 
MLawsN. W. T. 92. 2 Id. 191. 



r?9 npa«»Tr^^rwr*-»-r>--r* •-..— 



NORTHWEST AND INDIANA TERRITORIES. 9 

ishment. At these whipping posts not only men but 
women were publicly whipped. 1 

Disobedient Children and Servants. In section 19 
ofthelawof 1788 respecting crimes and punishments is 
this curious provision : "If any children or servants shall, 
contrary to the obedience due to their parents or masters, 
resist or refuse to obey their lawful commands, upon com- 
plaint thereof to a justice of the peace, it shall be lawful 
for such justice to send him or them so offending to the gaol 
or house of correction, there to remain until he or they shall 
humble themselves to the said parent's or master's satisfac- 
tion." 2 It is quite probable that this law was aimed at the 
servants rather than at the children. 

Liquor Laws. The evils of intemperance began to be 
felt at an early period and laws were adopted from time 
to time requiring a license to retail, forbidding the sale to 
Indians and minors, the harboring or trusting of minors or 
servants, or the collection of a balance due over $3.00 of a 
debt for liquor sold on credit. Nevertheless, amongst other 
enumerated grounds in the license law of 1792 for the revo- 
cation of licenses to tavern keepers, one was for failure to 
do his or her duty therein "as well in providing good and 
wholesome food for man and beast, as in keeping ordinary 
liquors of good and salutary quality." 3 

Taxes. The law for the collection of taxes was very 
stringent; section 8 of the tax law of 1792 provided that 
any person refusing to pay taxes assessed for twelve days 
after demand should be committed to the county jail, there 
to remain until the same should be paid or he be thence 
delivered by due order of law. 4 

Poor Debtors. Poor debtors fared very hardly. Im- 
prisonment for debt prevailed in the territory, as it did 
generally in England and America at that period. Such 

'CistCinti.MiscVol.i.p.iso. 'Laws N.W.T. 100. 'Id. 116. JJ6. 4 Id. 120, 






IO THE LAWS AND COURTSOF 

debtors, whether confined for non-payment of a judgment 
for a tort or a debt, were entitled to a diet of bread and 
water only, and, when released, the sheriff might sue them 
for the expense of keeping them and put them in jail 
again. In 1795 a law was passed entitled "a law for the 
easy and speedy recovery of small debts," which was a 
very stringent law, giving justices of the courts of com- 
mon pleas and justices of the peace exclusive jurisdiction, 
without benefit of appeal, of actions for the recovery of 
debts under $5.00, and providing for imprisonment of 
the debtor until payment of the judgment and costs. This 
was still more oppressive by reason of the magnitude of 
the counties and the costs of service of process, and by the 
practice of splitting up demands into sums under $5.00, and 
so making several suits for the same debt. 

Attorneys. The law of 1792 respecting attorneys pro- 
vides the oath to be administered to them, which contains 
in a nutshell the duties of an honorable lawyer. It is as 
follows : "I swear that I will do no falsehood nor consent 
to the doing of any in the courts of justice, and if I know 
of an intention to commit any I will give knowledge there- 
of to the justices of the said courts or some of them, that it 
may be prevented. I will not wittingly or willingly pro- 
mote or sue any false, groundless or unlawful suit, nor give 
aid or consent to the same, and I will conduct myself in 
the office of an attorney within tlie said courts according to 
the best of my knowledge and discretion and with all good 
fidelity as well to the courts as my client, so help me 
God." 1 That there might not be a "corner" made on at- 
torneys where they were scarce it was provided in section 
2 of the same law that neither plaintiff nor defendant 
should be allowed more than two attorneys, and that, 
where there were only two attorneys attending the court, 
neither plaintiff nor defendant should have more than one. 



J Laws N. W. T. 127. 







NORTHWEST AND INDIANA TERRITORIES. n 

English Common Law. A very important law, taken 
from the Virginia code, was adopted in 1795, providing 
that the common law of England and all statutes or acts 
of the British Parliament in aid thereof prior to the fourth 
vear of the reign of King James the First, and which were 
of a general nature, should be in force in the territory. 1 

A Legislative Threat to Legislate. A very curi- 
ous and, it is believed, the only instance known of a threat 
to legislate by a legislative body, is found in section 21 of 
the act respecting crimes and punishments, adopted in 
1788. This section is as follows : * 'Whereas idle, vain 
and obscene conversation, profane cursing and swearing, 
and more especially the irreverently mentioning, calling 
upon or invoking, the sacred and supreme Being, by any of 
the divine characters in which he hath graciously conde- 
scended to reveal his infinitely beneficent purposes to man- 
kind are repugnant to every moral sentiment, subversive 
of every civil obligation, inconsistent with the ornaments 
of polished life and abhorrent to the principles of the 
most benevolent religion. It is expected, therefore, if 
crimes of this kind should exist, they will not find encour- 
agement, countenance, or approbation in this territory. 
It is strictly enjoined upon all officers and ministers of 
justice, upon parents and others, heads of families, and 
upon others of every description, that they abstain from 
practices so vile and irrational ; and that by example and 
precept, to the utmost of their power, they prevent the 
necessity of adopting and publishing laws with penalties 
upon this head. And it is hereby declared that government 
will consider as unworthy its confidence all those who may 
obstinately violate these injunctions. " 2 It is probable that, 
notwithstanding this fine specimen of legislative eloquence, 
the wicked went on in the same old way, for in 1799 ^ e 

'Laws N. W.T. 190. 'Id. 101. 



- - • ' 



12 THE LAWS AND COURTS OF 

general assembly enacted a law making the desecration of 
the Sabbath and profane swearing finable offenses. 

Validity and Character of Laws of Governor 
and Judges. In the laws adopted by the governor 
and judges prior to 1795 very little regard seems to 
have been paid by them to the provision in the ordi- 
nance of 1787 limiting them in the making of laws to 
the adoption of the laws of the original states. Some 
were adopted from the code of Kentucky, which was not 
an original state, and some were not copied from the laws 
of any state, but were enacted by them for the first time. 
In consequence of this several of them were disapproved 
by Congress. All the laws adopted in 1792 were, for 
this reason, disapproved by Congress in 1794, except an 
act creating the office of clerk of the legislature. The 
congressional committee in its report said : "These laws 
appear to have been passed by the secretary and judges on 
the idea that they were possessed generally of legislative 
power and have not, either in whole, or in part, been 
adopted from laws of the original states.' n After that the 
governor and judges were generally careful to designate, 
in the title of the laws adopted by them, the state from 
which they purported to have been drawn, but Judge Bur- 
net asserts that many of them were mutilated and changed 
so as to retain little more than the title and the enacting 
clause, the body of the act being stricken out and the 
vacancy being supplied with matter to suit the governor 
and judges. 2 But in a note to the Cincinnati reprint of 
the laws of the Northwest territory it is said, speaking of 
the laws of 1795 (the Maxwell code) : "In regard to these 
laws, which are almost a literal transcript of the adopted 
statutes, the legislative power conferred by the ordinance 
seems to have been very strictly pursued." 3 It was doubt- 

^m. State Papers, »Misc, Vol. 1, p. 82. "Burnet's Notes 64; Id. 312. 
'Laws N. W. T. 138, note. 



fj^f , a*3JVP%)'T^ > l| ? . V i n f ^y^^ 



NORTHWEST AND INDIANA TERRITORIES. 13 

less impracticable to adapt to the new territory the laws 
of the older states without many alterations, and that the 
governor and judges did not mean willfully to abuse their 
power is manifest from the fact that nearly all the laws 
adopted by them were afterwards confirmed' by the gen- 
eral assembly of the territory. Judge Chase, in the 
preface to the Cincinnati reprint of the laws of the 
Northwest territory, speaking of the Maxwell code, ' 
says that "it may be doubted whether any colony, at so 
early a period after its first settlement, ever had so good a 
code of laws." 1 

Laws of First General Assembly. By the year 1799 
the territory contained a free male population of five thou- 
sand, and eight organized counties, and was ready to pass 
to second grade ; that is, to have a territorial general 
assembly. Representatives were elected, and on the 24th 
day of September of that year the general assembly was 
organized. The first act passed was one confirming all 
the laws of the governor and judges prior to 1795 and not 
repealed by subsequent acts. Another act was passed 
making promissory notes and inland bills of exchange 
negotiable. Another was passed for the relief of persons 
imprisoned for debt, whereby the harshness of the former 
laws was very much mitigated. Thirty-seven acts in all 
were passed and approved by the governor, but most of 
them are not now of sufficient importance to justify special 
mention. Besides the thirty-seven acts approved by the 
governor, eleven others were passed by the legislature, 
which were not approved by him, and his action in so 
freely exercising his veto power caused great dissatisfac- 
tion. The session was terminated by the governor on De- 
cember 19. Two more sessions of the general assembly 

were held, but, as they were held after July 4, 1800, the 

1 

'Page 27. 



.----■ ■- - ■- 



1 ' I 



I4 THE LAWS AND COURTS OF 

consideration of them does not come within the scope of 
this paper. 

Going the Circuit in Early Times. Little can now 
be gathered beyond the technical recitals of the records to 
show how, or by what sort of men, the laws were made 
and administered. It is certain, however, that everything 
beyond the law itself partook of the primitive character of 
the times. Congress passed an act in 1792 allowing two 
of the judges their expenses "in sending an express and 
in purchasing a boat to go the circuit." Judge Bur- 
net, a lawyer and leading member of the first general as- 
sembly, and afterwards a distinguished judge in Ohio, 
tells us how the judges and lawyers went the circuit 
about the year 180 1. They generally traveled five or 
six in company, with a pack-horse to carry baggage and 
provisions, and were sometimes eight or ten days in the 
wilderness. There were no bridges and but few ferries, 
and they were obliged to swim their horses across the 
streams. In returning from General Court at Marietta to 
Cincinnati, upon one occasion, the judge was compelled 
to swim his horse across five different streams. He adds, 
that one of the chief requisites of a horse in those days 
was that he should be a good swimmer. 1 One of the 
judges — Judge Parsons — was drowned in 1789 in attempt- 
ing to cross a creek. 2 

Operation of Laws of the Northwest Territory 
in the Indiana Territory. So much attention has been 
given to the laws of the Northwest territory because 
they continued to be operative in the Indiana territory 
after its organization as a separate territory. At least 
this was assumed by the governor and judges and general 
assembly of the latter territory, as is evident from the fact 
that from time to time laws were passed expressly repeal- 
Burnett's Notes, p. 65. 'Douglas' History of Wayne County, Ohio, p. 39. 



. 



NORTHWEST AND INDIANA TERRITORIES. 15 

ing particular laws of the Northwest territory which had 
been adopted before the organization of the Indiana terri- 
tory. It was not provided by any act of Congress that 
the prior laws of the Northwest territory should be opera- 
tive in the Indiana territory after its organization, nor did 
the law-making power of the latter territory ever adopt, 
as a whole, the laws of the Northwest territory, but it is 
probable that these laws were regarded as continuing in 
force upon a principle similar to that in the law of nations, 
whereby, upon the cession or conquest of a territory, the 
laws, usages and municipal regulations, in force at the 
time of such conquest or cession, remain in force until 
changed by the new sovereign. 1 It may be observed, how- 
ever, that the first legislative act of the governor and 
judges of the Illinois territory was the passage of a reso- 
lution that the laws of the Indiana territory, in force prior 
to the first day of March, 1809 [the date of the organiza- 
tion of the Illinois terrritory], of a general character and 
not local to that territory, should continue in force in the 
Illinois territory. 2 

Organization of the Indiana Territory. On May 
7, i8co, Congress passed an act, to take effect from and 
after July 4th of that year, for the division of the North- 
west territory. The eastern portion, comprising what is 
now included in the limits of the state of Ohio, a portion 
of what is now included in the state of Indiana, and a 
portion of what is now included in the state of Michigan, 
retained the name of the Northwest territory. All west of 
it was called the Indiana territory. Upon the admission 
of the state of Ohio in 1802 all that portion of the eastern 
division of the Northwest territory, not included in the 
present limits of Ohio, was attached to, and made part 

l Kent, 12th ed., Vol. 1, p. 178, note 1. 'The History of Municipal Law in 
Illinois by Hon. William L. Gross, contained in Proceedings of Illinois 
Bar Association for 1SS1. p. 89. 



• 






l6 THE LAWS AND COURTS OF 

of, the Indiana territory. The general plan for the gov- 
ernment of the Indiana territory was the same as that 
which had been adopted for the government of the North- 
west territory. 

Condition of the Indiana Territory in 1800. When 
the Indiana territory was organized it contained a total pop- 
ulation of about five thousand, and three organized coun- 
ties, Knox, Randolph and St. Clair, the two latter being in- 
cluded in what now constitutes the state of Illinois. There 
were but four considerable settlements in the territory, 
one at Vincennes, one in the vicinity of the falls of the 
Ohio, called Clark's grant, and two on the Mississippi, one 
of which was at Cahokia and the other at Kaskaskia. 1 
The nearest towns outside of the territory were Cincin- 
nati, Louisville, St. Louis, and Detroit, all of them of 
small size. No steamboat had yet ploughed any of the 
western waters. The Indian title had been extinguished 
to only a small strip in the southeastern part of the present 
state of Indiana, covered by the treaty made at Green- 
ville in 1795, and to some land in the neighborhood of 
Vincennes. Something of the nature of the country may 
be gathered from Judge Burnet's account of his trip, in 
company with a son of Gov. St. Clair and another gen- 
tleman, from Cincinnati to Vincennes in December, 1799. 
They started from Cincinnati upon an ark, arriving at the 
Ohio falls on the fourth day. From there they traveled to 
Vincennes upon horseback, arriving there in about three 
days, having encountered upon the road a camp of In- 
dians, two panthers, a troop of buffalo, and a wild cat, 
which disputed with them the possession of a deserted 
cabin in which they sought shelter one night. 2 

Laws of the Governor and Judges. The first gov- 



*The Indiana Gazetteer (by Samuel Merrill), 3d ed., 97, Law's History 
of Vincennes, p. 42. "Burnet's Notes, p. 72. 



'T"~~" 



NORTHWEST AND INDIANA TERRITORIES. 17 

ernor of the Indiana territory was Captain, afterwards 
General, William Henry Harrison, and the first judges 
were William Clarke, Henry Vanderburgh 1 and John Grif- 
fin. The governor did not arrive in the territory until Jan- 
uary 10, 1S01. 2 He immediately called a session of the 
governor and judges to meet on January 12, 1801. At 
this session, which continued until January 26, six laws, 
one act and three resolutions were adopted. A second 
session met on January 30, 1802, and continued until the 
3d of February following, at which two laws were adopted. 
A third session met February 16, 1803, and continued 
until the 24th of March following, at which one law and 
two resolutions were adopted. The fourth and last session 
met September 20, 1803, and continued, doubtless with 
several intermediate adjournments, until September 22, 
1804, at which seven laws, one act and seven resolutions 
were adopted. The laws of the first session were included 
in one volume of thirty-two pages, entitled, "Laws adopt- 
ed by the governor and judges of the Indiana territory at 
their first sessions held at Saint Vincennes, January 12th, 
1801 ; published by authority, Frankfort [K.] ; printed by 
William Hunter 1802." The laws of the second, third 
and fourth sessions were included in one volume of eighty- 
nine pages entitled, " Laws adopted by the governor and 
judges of the Indiana territory at their second and third 
sessions, begun and held at Saint Vincennes 30th January, 
1S02, and February 16th, 1803; published by authority, 
Vincennes. [I. T.] ; published by E. Stout, 1804.'* Al- 
though the title-page does not so indicate, yet the laws of 
the fourth session are included in this volume, beginning 
on page 12. This was the first book printed in the terri- 



x In the laws of the Governor and Judges this name is always printed 
"Vander Burgh." 'Dillon's History of Indiana (ed. 1859), p. 408. 



...... ...... . . , ... 



l8 THE LAWS AND COURTS OF 

tor}'. 1 While all these old laws are interesting to the law- 
yer and the historian, mention will here be made of those 
only which may interest a more extensive class. 

Earjly Tax Laws and Tax Lists. One of the first 
objects of the governor and judges was to provide a reve- 
nue, and several laws having this object in view were 
adopted. Looking at the long and inquisitorial fornrof 
the tax lists now presented to the tax-payer and compar- 
ing them with the tax lists in " ye olden time/' we may 
comprehend the poverty and simplicity of the people and 
government at the beginning of the century. By the law 
to regulate county levies, adopted November 5, 1803, 2 real 
estate was taxed at thirty cents on each one hundred dol- 
lars of its appraised value. The form of the list for the 
taxing of personal property was as follows : 

"Names of owners. 

" Number bond servants and slaves. 

"Number horses, etc., above 3 years old. 

" Number neat cattle over 3 years old. 

"Number of stud horses. 

" Rate the season." 

This was all the personal property required to be listed, 
and the rate of taxation was fixed as follows : " On each 
horse, mare, mule or ass, a sum not exceeding fifty cents ; 
on all neat cattle as aforesaid a sum not exceeding ten 
cents ; on every stud horse a sum not exceeding the rate 
for which he stands at a season ; every bond servant and 
slave as aforesaid a sum not exceeding one hundred 
cents." By the same act it was provided that a single 
man above the age of twenty-one years, not having prop- 
erty to the amount of four hundred dollars and neglecting 



*But or.e complete original printed set of these laws is known to the 
writer of this paper. It is owned by Hon. John W. Stotsenberg, of New 
Albany. The laws of the first and second sessions are in the Massachu- 
setts State Library. 3 Laws of G. & J., 4th session, 63. 



M f unBW i mwvm*mw ^' — — ■■■ 



NORTHWEST AND INDIANA TERRITORIES. 19 

to pay the tax assessed against him, should be committed 
to the county jail, "where he shall remain until the said 
tax shall be paid, unless some reputable person, in the 
opinion of the sheriff, shall be forth-coming therefor." 
Perhaps this law was not enacted for revenue only, but 
also to encourage marrying. At any rate to pay, marry, 
or run away, were the only alternatives presented to the r 
young man of that day. 

Besides taxes there were a few other sources of revenue, 
such as licenses to merchants and peddlers, and fines. 
Another law, adopted November 5, 1803, 1 authorized a 
tax upon legal proceedings — so much upon each writ, dec- 
laration, appeal, etc., — so that in those days a man had to 
pay to get into court as well as to get out. 

The Judicial System. Next to providing for a reve- 
nue, the most important thing was to organize a system of 
courts and to regulate the practice therein. "A law es- 
tablishing courts of judicature" was adopted June 23, 
1801. 2 It provided for a general court with original and 
appellate jurisdiction, and for the holding of circuit courts 
by the judges thereof; and also provided for courts of 
common pleas and courts of general quarter sessions. 
Other laws were adopted defining very minutely the rules 
cf practice in such courts and upon appeal from the lower 
courts to the general court. 

. Fees of Officers and Attorneys. The fees of the 
officers and attorneys connected with these courts were 
also provided for. 3 Those allowed the clerk and sheriff 
seem to be quite liberal, considering the poverty of the 
times. The attorneys do not seem to have fared so well. 
In actions involving title to land they were allowed in the 
general court $10,00, in the common pleas and quarter 

'Laws of G. & J., 2d session, 81 1 'Id., 1st session, 14. 3 Id., 4th session, 
32. 






2o THE LAWS AND COURTS OF 

sessions $5.00; in all other actions in the general court 
$5.00, and in the common pleas and quarter sessions $2.50. 
For advice where no suit was pending they were allowed 
from $1.27 to $3.50. Jurors were allowed twenty-five cents 
in each action, and could not make anything extra by 
hanging the jury over night. If they came from another 
county they were allowed fifty-six cents per day for com- 
ing and returning. 

Slavery Legislation. Notwithstanding the prohibi- 
tion in the ordinance of 1787, slavery existed in fact in the 
Indiana territory for several years after its organization. 
Its visage, under very thin disguises, sticks out plainly in 
the laws of the governor and judges. In 1S03 1 a law was 
' adopted from Virginia entitled, "A law concerning serv- 
ants." By this law it was provided that "all negroes and 
mulattoes [and other persons not being citizens of the 
United States of America] who shall come into this terri- 
tory under contract to serve another in any trade or occu- 
pation, shall be compelled to perform such contract specif- 
ically during the time thereof." The benefit of such con- 
tract was assignable and passed to the executors or lega- 
tees of the master. If the servant was lazy or disorderly, 
or guilty of misbehavior to his master or his family, or re- 
fused to work, or ran away, he might be " corrected by 
stripes" on an order from a justice, and was compelled to 
serve two days to make good every day lost. All con- 
tracts between a master and servant during the term of 
service were declared void. Such servants were forbid- 
den to purchase any servants other than those of their own 
complexion. No person was allowed to buy from, or sell 
to, such servants, or to receive from them any coin or com- 
modity whatsoever, without leave of the master, and viola- 
tion of this provision made the offender liable to forfeit to 



'Laws of G. & J., 4th session, 26. 



«KW*S.m»J.Mte"»T ■ ■■»--— • - 



NORTHWEST AND INDIANA TERRITORIES. 21 

the master four times the value of the thing so bought, 
sold or received, and also to forfeit to any informer, who 
might sue for the same, the sum of $20.00, and on failure 
to pay the sum recovered, '* to receive on his or her bare 
back thirty-nine lashes, well laid on at the public whip- 
ping post." Another section provided that in all cases of 
penal laws, where free persons w r ere punishable by fine, 
servants should be punishable by whipping after the rate 
of twenty lashes for every eight dollars. Another section 
forbade the harboring or entertaining of any servant, not 
having a certificate of his freedom, under penalty of pay- 
ing to the master $1.00 per day. Sheriffs in the collection 
of fee bills were authorized to make distress of the * 'slaves, 
goods and chattels'' of the delinquent. 1 As has been al- 
ready shown, express provision was made in the tax laws 
for taxing slaves as such. 

Crimes and Punishments. We find but few criminal 
laws in those adopted by the governor and the judges. 
Probably the reason was that the criminal jurisdiction, of 
the courts embraced all offenses which were made crimes 
at common law, or by the laws of the United States, and 
also because the criminal laws previously adopted in the 
Northwest territory were considered sufficiently compre- 
hensive. Nevertheless, a few criminal laws were adopted. 
One of these was a curious law adopted from the Virginia 
code whereby it was made a felony unlawfully to take 
away a maid, widow or wife, either for the purpose of 
marrying or defiling her. 2 By another section of the same 
law bigamy was made punishable capitally. Pillories, 
stocks and whipping posts were continued for the punish- 
ment of crimes, and the general courts of quarter sessions 
were authorized to make contracts for building and repair- 

! Laws of G. & J., 2d session, 7 ; 4th session, 53. J Id., 4th session, 60. 



p-.-jxrr 



. 



22 THE LAWS AND COURTS OF 

ing them. 1 Some of the laws adopted by the governor 
and judges of the Indiana territory were clearly objection- 
able upon the same ground upon which Congress had dis- 
approved some of those of the governor and judges of the 
Northwest territory, viz : that they had not been adopted 
from the laws of the original states, but it does not appear 
that any of them were ever disapproved by Congress. 

Sources of Laws of Governor and Judges. There 
is this marked distinction between the laws of the gov- 
ernor and judges of the Indiana territory and those 
adopted by the governor and judges of the Northwest 
territory ; of the former, where the source from which the 
law was taken is stated in the titles of them, seven were 
taken from Virginia, three from Kentuckv, two from Vir- 
ginia and Kentucky, one from Virginia and Pennsylva- 
nia, one from New York, Pennsylvania and Virginia, 
and two from Pennsylvania ; whereas of the thirty-eight 
law r s in the Maxwell code, where the titles express the 
source, twenty-six were taken from Pennsylvania, six 
from Massachusetts, one from New York, one from 
New Jersey, and three from Virginia. In other words, 
the governor and judges of the Indiana territory, took 
only two laws entire from a free state, while the governor 
and judges of the Northwest territory took only three laws 
from a slave state. 

Jurisdiction of Governor and Judges over the Dis- 
trict of Louisiana. By an act of Congress passed 
March 26, 1804, the executive and judicial power vested 
in the governor and judges of the Indiana territory was 
extended over the district of Louisiana, and this jurisdic- 
tion continued until the organization of the territory of 
Louisiana, by an act of Congress passed March 3, 1805. 
During this period several laws were adopted by the gov- 
ernor and judges for the government of the district of Lou- 
isiana. 



'Laws of G. & J., 4th session, 76 || 17. 



•■; ■ ■ ■ 



NORTHWEST AND INDIANA TERRITORIES. 23 

Laws of the General Assembly. By the year 1805, 
the population of the territory had increased to such a 
number that it was deemed advisable that it should pass to 
second grade, and measures were taken for the organiza- 
tion of a territorial general assembly. Up to the admis- 
sion of Indiana as a state, there were in all five general 
assemblies, having each two sessions. These were held 
at various dates, the first session of the first general as- 
sembly beginning on July 29, 1805, and the second ses- 
sion of the fifth beginning on December 4, 1815. 1 

Revision of 1807. At the first session of the second gen- 
eral assembly a general revision of all the laws of the ter- 
ritory, prepared by John Rice Jones and John Johnson, was 
reported and adopted, and it was provided "that the laws 
and parts of laws in force in this territory at the beginning 
of this session of the legislature shall be and the same are 
hereby repealed and the revisal of said laws as made by 
John Johnson and John Rice Jones shall, with the several 
additions, alterations and amendments made by the pres- 
ent legislature, have full force and effect in this territory ; 
and that those laws so revised, altered and amended, shall, 
with the laws passed at this session of the legislature, be 
the only statute laws in force in this territory." 2 The re- 
vision was a careful and thorough one, making a volume 
°^54°P a g es > exclusive of the index of 28 pages. The laws 
embodied in it seem to be re-enactments in substance, and 

1 The original printed volumes of the first and second sessions of the 
first general assembly are very scarce. They were originally printed in 
folio. Mr. William Farrell, of Paoli, owns the laws of both sessions, and 
so, it is said, does General Hovey, of Mount Vernon. The laws of the 
second session are in the Massachusetts State Library, and the Hon. Will- 
Jam L. Gross, of Springfield, 111., also has the laws of both sessions. 
These are all that are known to the writer of this paper. A reprint con- 
taining these, together with the laws of the governor and judges of the In- 
diana territory, has recently (1886), been published at Paoli, Indiana, by 
Messrs. Throop & Clark. Revision of 1807, P- 539- 



- " - 



24 • THE LAWS AND COURTS OF 

with but slight change in phraseology, of the laws of the 
the Northwest territory and of the governor and judges of 
the Indiana territory. 

It would be beyond the scope of this paper to attempt 
anything like a synopsis of the laws of the territorial gen- 
eral assembly. They were such as were adapted to the 
times. The most of them seem to have been carefully pre- 
pared and the meaning of them clearly and tersely ex- 
pressed. Some of them deserve a brief notice. The act 
incorporating the Borough of Vincennes, passed August 
24, 1805, was the first act creating a municipal corpora- 
tion. The act incorporating the Indiana Canal Company, 
passed August 26, 1805, was the first act incorporating 
a private corporation. This was an act incorporating a 
company to construct a canal on the Indiana side around 
the falls of the Ohio, a project which came to naught. In 
the list of directors appear the names of George Rogers 
Clark and Aaron Burr. 

Vincennes University and Lottery. The first incor- 
porated institution of learning was the Vincennes Univer- 
sity, incorporated by an act passed November 29, 1806. ! 
Amongst the trustees were General William Henry Harri- 
son, John Gibson, the first secretary of the territory, the 
territorial judges, Henry Vanderburgh and Thomas Terry 
Davis, and others noted in the history of Indiana. The 
preamble of the act is as follows : 

"Whereas, the independence, happiness, and energy of 
every republic depends [under the influence and destinies of 
Heaven] upon the wisdom, virtue, talents and energy of its 
citizens and rulers, and whereas science, literature, and the 
liberal arts contribute in an eminent degree to improve 
those qualities and acquirements ; And whereas, Learning 
hath ever been found the ablest advocate of genuine lib- 



'Laws 2d session, ist general assembly, p. 6. 






NORTHWEST AND INDIANA TERRITORIES. 25 

erty, the best supporter of rational religion, and the source 
of the only solid and imperishable glory, which nations 
can acquire. 

"And forasmuch as literature and philosophy furnish the 
most useful and pleasing occupations, improving and vary- 
ing the enjoyments of prosperity, affording relief under the 
pressure of misfortune, and hope and consolation in the hour 
of death, and considering that in a commonwealth where 
the humblest citizens may be elected to the highest public 
offices, and where the Heaven-born prerogative of the right 
to elect and reject is retained and secured to the citizens ; 
the knowledge of which is requisite for a magistrate and 
elector should be widely diffused. Be it therefore enacted ^ 
etc:' 

Sensitive persons with moderate views of lotteries ma}^ 
be somewhat shocked, after having read such a grandilo- 
quent preamble, by section 15 of the act which provides as 
folio ws : 

'''And be it further enacted, That for the support of the 
aforesaid institution, and for the purpose of procuring a 
library, and the necessary philosophical and experimental 
apparatus, agreeably to the eighth section of this law, 
there shall be raised a sum, not exceeding twenty thou- 
sand dollars, by a lottery, to be carried into operation as 
speedily as may be, after the passage of this act, and that 
the trustees of the said University shall appoint five discreet 
persons, either of their body or other persons, to be mana- 
gers of the said lottery, each of whom shall give security 
to be approved of by said trustees, in such sum as they 
shall direct, conditioned for the faithful discharge of the 
duty required of said managers, and the said managers 
shall have power to adopt such schemes as they may 
deem proper, to sell the said tickets, and to superintend 
the drawing of the same, and the payment of the prizes," 
etc. 



... . ~~*11 



2 6 THE LAWS AND COURTS OF 

We must, however, remember that in those days lotteries 
had not been, as now, to quote from a modern historian, 
"abandoned to church fairs and gamblers," but were uni- 
versally recognized by governments and people as legiti- 
mate means to raise money for colleges, churches and 
everything else. 1 The birth of this lottery is not so much 
a cause of shame to our forefathers as it is to us that we 
allowed it to live so long. It was upheld by the Supreme 
Court of Indiana in Kellum v. The State, 79 Ind. 58S, de- 
cided in 1879, and continued to flourish until 1883, when, 
after the Supreme Court of the United States in Stone v. 
Mississippi, 101 U. S. 814, had declared that there was 
no vested right in a lottery, the Supreme Court of Indiana 
held that the sale of Vincennes lottery tickets was no 
longer lawful. This was so held in The State v. Wood- 
ward, 89 Ind. no. 

Crimes and Punishments.' Crimes and punishments 
at an early period received the attention of the general 
assembly. Treason, murder, arson, horse-stealing upon 
a second conviction, and rape, were punishable capitally. 
Burglary, perjury, larceny, hog-stealing, and bigamy, in 
addition to other punishments provided for them, were 
punishable by whipping. Dueling was punishable by a 
heavy fine, and all officers, legislative, executive and 
judicial, as well as attorneys, were required to take an 
oath that they had not given nor accepted a challenge. 
An effort to purify elections was early made by a law mak- 
ing ineligible to a seat in either branch of the legislature 
any candidate who should "attempt to obtain votes by 
bribery, or treating with meat or drink." 

Divorces. Divorces were authorized in favor of a hus- 
band against the wife for adultery or abandonment for three 
years, or conviction of a felony, and in favor of a wife 

^IcMaster's History of United States, Vol. 1, p. 587. 



■ 



NORTHWEST AND INDIANA TERRITORIES. 27 

against her husband for adultery, abandonment for two 
years, conviction of felony, and treatment so "cruel, bar- 
barous and inhuman as actually to endanger her life." The 
divorce operated, however, only in favor of the injured 
party, the offending party being prohibited from marrying 
a^ain under the penalties provided against bigamy. 

Attorneys 1 Fees. It was still deemed necessary to 
restrict the supposed rapacity of attorneys, and they were 
limited in their fees in suits where the title of land was in- 
volved to $5, and where not, to $2.50. Where no suit 
was pending they were allowed for verbal advice $ 1 .25 , and 
for written advice $2.50. 

A Curious Relief Act. Amongst the acts for relief 
of private individuals we find one which proves that the 
notion that the legislature is bound to help everybody who 
needs help is not a new one. It is entitled, "An act for 
the relief of Daniel French," approved December 26, 1815, 
and is as follows : "Whereas, it is represented to this leg- 
islature that a certain Robert Maffit, from the State of 
Pennsylvania, came to the house of said French, without 
money or property, and was taken with the decay, and 
lay near three months helpless, before he departed this 
life ; and whereas, said French was at considerable ex- 
pense in burying said Maffit and attending on him before 
his death, and said French receiving no compensation for, 
his trouble. For the remedy whereof, Bs it euactedby the 
legislative Council and House of Representatives, and is 
hereby enacted by the authority of the same, that the as- 
sociate judges of the county of Harrison, when sitting for 
county purposes are hereby authorized to make said 
French such allowance as they may think just and reason- 
able out of any money in the county treasury not other- 
wise appropriated." 

Territorial Courts. From the beginning to the end 
of the territorial organization there seems to have been 



- ; 



28 THE LAWS AND COURTS OF 

more or less trouble in regard to the courts. Serious in- 
convenience had been felt on account of the failure to invest 
the territorial courts with chancery jurisdiction, and James 
Johnson, and other justices of the Court of Common Pleas 
of Knox County, petitioned Congress in 1802 for additional 
legislation conferring such jurisdiction. 1 Inconvenience 
was also felt on account of the absence of any law author- 
izing an appeal to the Supreme Court of the United States 
from the judgments of the territorial courts, which may 
have been rendered by a single judge. Inconvenience on 
this account had been felt, especially in the Northwest 
territory, where two of the judges — Putnam and Symmes — 
were both largely interested in lands in the territory, the 
title to which was a prolific source of litigation, and Gov. 
St. Clair, as early as 1794, had addressed to the Secretary 
of State a communication setting forth the necessity of 
authorizing such appeals. 2 Accordingly, by an act ap- 
proved March 3, 1805, the superior courts of the territories, 
where no federal district court had been established, w r ere 
given equity as well as common law jurisdiction, and writs 
of error and appeals were authorized from their final judg- 
ments to the Supreme Court of the United States. 3 A 
court of chancery was organized at the first session of the 
general assembly, but it seems that the pay allowed was 
too small to secure the services of the judges, and it was 
hot until a subsequent session, and after Governor Har- 
rison had twice specially called the matter to the attention 
of the general assembly, that such a court was put in 
operation. 

There were also doubts as to the jurisdiction of the 
courts, and Judge Parke, who held a commission from the 
President, wrote a long letter to Governor Harrison denying 
the validity of some of the acts of the territorial assembly, 



'Annals of Congress, 7th Congress, 1st session, 1802, p. 1131. 'Am. 
State Papers, Vol. 1, Misc., p. 116. Hd United States Statutes, 33S. 



. „ .. . .... 



j 



NORTHWEST AND INDIANA TERRITORIES. 29 

creating certain courts, as infringements upon the jurisdic- 
tion of the federal judges, and refusing to hold court under 
such acts. 1 

As to how the courts were conducted, we know but very- 
little. We have an account of the first one at which any 
judicial business was done, in WVyne county in 181 1. 
The account states that it was held in the woods, with 
family chairs and logs for seats, and that the jurors retired 
for deliberation to logs at a suitable distance. 2 In some 
parts of the territory it seems that bodies of men styling 
themselves " regulators " were in the habit of dispensing 
home-made justice after their own ideas and without the 
assistance of any courts. 3 

Further Slavery Legislation. The footprints of 
slavery continue to be plainly seen in the laws of the ter- 
ritorial general assembly. It is matter of history that a 
convention was called in the territory for the purpose of 
petitioning Congress to suspend the prohibition of slavery 
in the ordinance of 1787, that two committees in the 
House of Representatives reported favorably upon such 
petition, and that it was finally rejected. 4 Notwithstanding 
all this, the Indiana nullifiers, in defiance of the ordinance 
and of Congress, went on doing all they could by laws of 
their own to legalize slavery. An act was passed in 1805 5 
entitled "An act concerning the introduction of negroes 
and mulattoes into this territory," whereby it was provided 
that the owners of them might bring them into the territory 
and take them before the clerk of the common pleas court, 
where such owner should enter into an agreement, to be 
entered of record, whereby he should "determine and 
agree to and with his or her negro or mulatto upon the 
term of years which the said negro or mulatto should 

'Dillon's History of Indiana, 543. 'Young's History of Wayne 
County, 80. 'Indiana Gazetteer, in. 4 Dillon's History of Indiana. 410. 
Laws 1st session, 1st general assembly, 25. 



\ | 



T"~" — - - • . " 



30 



THE LAWS AND COURTS OF 



serve," etc. It is fair to presume that the slaves generally 
" agreed. 1 ' If they did not the owner might, within sixty 
days thereafter, remove them from the territory to some 
state where the laws offered masters still greater facilities 
for compelling their slaves to agree with them. After the 
slave had " agreed " with the master, the latter might 
hold him or her in service, if a male, until thirty-five years 
old, if a female, until thirty-two years old. The children 
of such slaves were also required to serve the master or 
mistress of their parents, males until thirty, and females 
until twenty-eight. 

In 1806, an act was passed allowing the time of negroes 
and mulattoes bound to service to be sold on execution 
against the master, and giving to the purchaser the right 
to hold them for the unexpired term of service. 

In the same year the general assembly passed a further 
act entitled, "An act concerning slaves and servants/' 
wherein it was provided that if any slave or servant 
should be found at a distance of ten miles from the house 
of the master without a pass from such master, or his or 
her employer, or overseer, it should be lawful for any per- 
son to take him or her before a justice who might order 
him or her to be punished with stripes, not exceeding 
thirty-five. Another section of the same act provided that 
if any slave or servant should " presume," without his or 
her master's consent, to come upon the premises of an- 
other, the latter might give him or her ten lashes on the 
bare back. Riots, routs, unlawful assemblies, trespasses 
and seditious speeches by such slaves or servants, were also 
punishable with stripes. It was also made an offense, 
finable in any sum not exceeding $100.00, to harbor any 
such slave or servant without the consent of the master; 
and to aid or assist him or her in absconding was finable 
in any sum not exceeding $500.00. This act and the law 
concerning servants, adopted by the governor and judges, 



ttpjPSPWiwuip'. i f wig ip.||i ipii ,i — •- - j ..,--.. -...-•-•■• 



NORTHWEST AND INDIANA TERRITORIES. 31 

to which reference has been made, were consolidated and 
re-enacted in the revision of 1807, under the title of "An 
act concerning servants/' 1 

Another act passed in 1808, forbade any one, without 
written permission from the master, to permit any " slave 
or slaves, servant or servants of color, to the number of 
three or more, to assemble in his or her house, out-house, 
yard, or shed, for the purpose of dancing or reveling^ 
either by night or by day," and punished the slaves or 
servants so assembling by whipping, "not exceeding 
thirty-nine lashes on his or her bare back." 

The act concerning the introduction of negroes and mu- 
lattoes into the territory was repealed in 18 10, but it was 
not until 1821 that the Supreme Court of the state effect- 
ually put an end to indentures stipulating for personal 
service by declaring that they could not be specifically 
enforced. This was so held in the case of Mary Clark, a 
woman of color. 1 Blackford, 122. 

Exercise of Veto Power by Governor Harrison. 
Mention has been made of the freedom with which Gov- 
ernor St. Clair exercised his veto power. Governor Har- 
rison had the same power, and the possession of it was 
viewed very jealously, as appears in the reply made to the 
speech of the governor to the first general assembly, in 
which reply it was said : " The confidence which our fel- 
low-citizens have uniformly had in your administration 
has been such that they have hitherto had no reason to be 
jealous of the unlimited power which you possessed over 
our legislative proceedings. We, however, can not help 
regretting that such powers have been lodged in the hands 
of any one ; especially when it is recollected to what dan- 
gerous lengths the exercise of those powers may be ex- 
tended. 2 This vigorous hint from the territorial legislature, 

Revision 1S07, 340. 'Dawson's Life of Harrison, 71. 



32 THE LAWS AND COURTS OF 

coupled with the recollection of the experience of Gov- 
ernor St. Clair, probably made some impression upon the 
mind of Governor Harrison, for we do not discover that 
he ever exercised his veto power at all, or, if so, not to 
such an extent as to excite the hostility of the general as- 
sembly or the people. 

Early Legislative Appropriations. It did not cost, 
so much to make laws in those days as it does now, as 
may be seen in the appropriations made by the general 
assembly. For stationery at the second session of the 
second assembly an allowance of $14.50 was made, and 
for fire-wood at the same term $4.50. But this was prob- 
ably considered extravagant, for at the first session of the 
third assembly the allowance for stationery and fire-wood 
together only amounted to $2.50. At the second session 
of the third assembly the stationery bill was $3.00, and 
the fire-wood bill $2.37^. At the second session of the 
fourth assembly $3.00 was allowed for candles furnished 
the legislative council. 

The Convention and Constitution of 1816. The 
last territorial assembly was held in 1815. The Indiana 
territory had been divided in 1805 by the organization of 
Michigan territory, and again in 1809 by the organization 
of Illinois territory. Notwithstanding this curtailment of 
its dimensions emigration had been pouring into it until its 
population had increased enormously. The victory of 
General Harrison at the battle of Tippecanoe and the 
close of the war of 18 12 had insured peace between the 
white settlers and the Indians. Steamboats were now 
navigating the Ohio. By 1816 the population had grown 
to about 64,000, and application was made for admission 
into the Union as a state. An act was passed by Con- 
gress on April 19, 1816, authorizing a convention to be 
held for the formation of a constitution. The convention 
met on June 10, 1816. Thirteen counties with forty-one 



u^^ M ^ r m^ U mm^^w^^^m^^^m ^j 



NORTHWEST AND INDIANA TERRITORIES. 33 

delegates were represented in it. On June 29th a consti- 
tution was adopted. Brief as was the session, the constitu- 
tion adopted stands as an enduring monument to the wis- 
dom of the men who framed it. Its essential provisions for 
the protection of life, property, civil and religious liberty, 
and the right of suffrage, remain to this day, incorporated, 
with some slight changes in phraseology, in the constitu- 
tion of 185 1. Above all it ratified and confirmed the pro- 
visions of the ordinance of 1787 in relation to slavery and 
consecrated the state anew to freedom. Settlers had 
poured in from the free states, together with a goodly 
number of Quakers from North Carolina and elsewhere, 
until those in favor of freedom outnumbered and outvoted 
those who sought to make Indiana a slave state, and when 
they came to adopt a constitution they expressed them- 
selves very emphatically to the effect that there should be 
"neither slavery nor involuntary servitude in this state, 
otherwise than for the punishment of crimes whereof the 
party shall have been duly convicted," and that, " as the 
holding of any part of the human creation in slavery or in- 
voluntary servitude can only originate in usurpation and 
tyranny, no alteration of this constitution shall ever take 
place so as to introduce slavery or involuntary servitude 
in this state." No provision can be found in this consti- 
tution forbidding the coming into this state of negroes and 
mulattoes. That was reserved for another convention to 
put into another constitution, adopted thirty-five years 
later, when the virus of slavery had well-nigh poisoned 
the whole nation. 

Admission of the State of Indiana. With the adop- 
tion of the constitution the convention also adopted an or- 
dinance, accepting the conditions of the act of Congress 
which had been made conditions precedent to the admis- 
sion of the state. On December 11, 1816, Congress passed 



^™~-r— ;--— ■- W91M 



34 THE LAWS AND COURTS OF 

the act of admission, and Indiana was now the nineteenth 
state in the Union. 

Condition of the State in 1816. x Great and rapid 
as the advance had been from 1800 to 1816, we can scarce- 
ly comprehend the distance which separates 1816 from 
1886 in the history of the state of Indiana. In nearly two- 
thirds of the state the Indian title had not been extin- 
guished. Marion county had not yet been organized, and 
the site of Indianapolis had not yet been selected. The 
tract afterwards known as the "New Purchase," embrac- 
ing a large part of the central portion of the state, was 
still occupied by the Indians. The only roads through it, 
if roads they may be called, were WhetzelFs trace from 
the east, and an old Indian trail from the south. To reach 
the interior of the state by water the emigrant could come 
from Lake Erie by the Maumee, and crossing the portage 
near Fort Wayne could float down the Wabash, or else he 
might come down the Ohio, and then ascend the Wabash 
by "poling" his craft from its mouth. 

The inhabitants w r ere rude and simple in appearance 
and manners and tastes, How they were viewed abroad 
appears by an extract from Birkbeck's notes. In his jour- 
nal, under date of July 7, 1817, he says: "I have good 
authority for contradicting a supposition that I have met 
with in England respecting the inhabitants of Indiana — 
that they are lawless,, semi-barbarous vagabonds, danger- 
ous to live among. On the contrary the laws are respect- 
ed and are effectual ; and the manners of the people are 
kind and gentle to each other and to strangers." 2 



1 In addition to the authorities cited elsewhere in this paper see Thomas' 
Travels through the Western Country, etc.; Brown's Western Gazetteer; 
Beckwith's History of Vigo and Parke Counties ; Brice's History of Fort 
Wayne ; Banta's History of Johnson County ; Woollen's Biographical 
Sketches. 'Birkbeck's Notes, p. 79. 



Y.. '>*$: f .*i 









i%s!SNmm' m*vmis*wv<!' * , ~ m *~ rr :r ~~ 



.. • . • 



1626837 



NORTHWEST A ND INDIANA TERRITORIES. 35 • 

Comparison of Ancient and Modern Laws. The 
people of those days had never heard of railroads, or tele- 
graphs, or telephones. There were no great cities. There 
were no such manufactories as we have now wherein are 
wrought things more wonderful than the armor of Achilles 
which Vulcan forged. Little thought was had then about 
alleviating the distress of the poor, the improvement of the 
condition of the insane, the blind, the deaf and dumb, and 
the criminal classes. It was many years until free schools 
were established in this state. Therefore we examine the 
laws of those times and find nothing upon these and the 
thousand and one other subjects of the legislation of to-day. 
We look at the modern statutes and in them we read a 
history more wonderful than anything in the Arabian 
Nights. It seems, indeed, as if some magician had waved 
his wand over the land, making transformations more 
marvelous than were ever dreamed of by Aladdin. 



1*0^ 



I "" : "" "' • 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 

VOLUME II. NUMBER 2. 



LIFE AND SERVICES 



JOHN B. DILLON 



GEN. JOHN COBURN 



WITH A SKETCH BY JUDGE HORACE P. BIDDLE. 



INDIANAPOLIS : 

THE BOWEN-MERRILL COMPANY. 
1886. 



2>7-3* 



LIFE AND SERVICES 

OF 

JOHN B. DILLON 



An Address Delivered eefore the Indiana Historical Society, 
Septeavbeb iS, 1886. 



Gentlemen : 

In preparing a sketch of the life of John B. Dillon, 
whom so many of you knew well, I have met with unex- 
pected difficulties. Having enjoyed his friendship for 
many years, I have, by your partiality, been selected to 
give you the details of his career. I am sure I can not 
satisfy you. I have the simple task of biography, and 
though I knew the man, and though I know those who 
knew him intimately, yet such was Mr. Dillon's reserve 
as to his own career, and so little did he seem to value 
himself, or his life and works, that he rarely mentioned 
anything as to his personal history. Perhaps there was 
no trait in his character more marked than this, nor- one 
that could now be more vividly illustrated. I congratulate 
you that his friend Judge Biddle has come to my aid in an 
admirable way, with a sketch of rare interest, which I 
annex to my own remarks. 

In his brief biography of Baillv, the first President of 

(39) 



■ 



4 o 



LIFE AND SERVICES OF 



the National Assembly, the first mayor of Paris, and a 
distinguished member of the Academy of Sciences of 
France, Arago, says: " Eulogies, said an ancient au- 
thority, should be deferred until we have lost the measure 
of the dead. Then we could make giants out of them 
without any one opposing us. On the contrary, I am of 
opinion that biographers, especially those of academicians,- 
ought to make all possible haste, so that every one may be 
represented according to his true measure, and that well- 
informed people may have the opportunity of rectifying 
the mistakes which, notwithstanding every care, almost 
inevitably slip into this kind of composition.'" I shall not 
travel in the line of eulogy. I know our deceased friend 
would revolt against it. He would say as Cromwell said 
to the painter of his portrait : " Put in every wrinkle and 
wart ; paint me as I am." 

It seems hardly possible that the early history of one so well 
known here should be so obscure. He left behind him no 
relatives to tell of his family or ancestry and no record pre r 
serves for us the facts which might lead to their discovery. 
To his personal friends he related but few of the incidents 
of his early life. He was born at Wellsburg, in Brooke 
county, in West Virginia, it is believed, in the year 1808. 
During his infancy his father, with his family, removed 
across the river into Belmont county, in Ohio, where he 
died when his son was nine years old. Very soon after 
this John went back to Wellsburg, where he remained 
until he was seventeen years old, learning in this period 
the trade of a printer. His education in school was but 
slight. The date of the death of his mother, whom he 
mentioned with tender veneration, is not known. Doubt- 
less he was compelled to rely upon his own labor for sup- 
port and education. At about the age of seventeen years 
he went from Wellsburg to Cincinnati to reside, and there 
remained about ten years, when he came to Indiana in the 









JOHN B. DILLON, 



4 1 



year 1834, and located at Logansport. While at Cincin- 
nati he worked at his trade as a printer, and during his 
hours of leisure contributed to the newspapers published 
there. At this time some of his most widely known poems 
were given to the world. They can be found in the best 
collections of the gems of American poetry. 

At Logansport he studied law and was admitted to the 
bar, but never practiced his profession. He had not the 
popular manners and personal magnetism which seemed 
to be necessary to acquire and hold a practice in an early 
day. His quiet ways, shrinking manners, hesitation of 
speech, nervous sensibility and proud reserve kept him 
from the familiar contact of the people, and he waited in 
vain for the opportunities to display his strong powers of 
reasoning, his faithful adherence to a cause, his endless 
research, his undaunted courage in advocating the protec- 
tion and defense of the weak, his solid sense of justice 
and his painstaking perseverance in gathering the details 
which burden and wear out the more indolent members of 
the bar. He could have surpassed many of his compeers 
in certain lines of practice, but his powers were never 
tested or developed, after all his preparation. It must 
have been a grievous disappointment to him, and yet it 
was one which never elicited a murmur from his lips. 
What was loss to him was gain to all others. 

But his habits of study did not forsake him. He de- 
voted his time to the general reading of English literature 
and the special investigation of the history of the North- 
western Territory and states formed from it, and, in con- 
nection, the history of Indiana. In 1843 he published a 
work entitled "Historical Notes of the Discovery and Set- 
tlement of the Territory Northwest of the Ohio." This 
he called an introduction to the history of Indiana, which 
latter work was published in the year 1859. Let me 
quote from his preface to the "Notes." Beginning, he 



F 



- 



42 LIFE AND SERVICES OF 

says: "Among the historical notes which constitute the 
introduction to this history of Indiana, I have inserted 
many official documents relating to the early affairs, civil 
and military, of the vast region which was formerly called 
the Territory of the United States Northwest of the River 
Ohio. From a very great number of printed authorities, 
and from many thousand pages of old manuscript records 
and letters, I have selected only those statements which 
appear to be well authenticated, and connected either di- 
rectly or remotely with the origin and progress of civiliza- 
tion in that large domain. With a sincere desire to cast 
from my mind those popular prejudices which have had 
their origin in ambitious contentions between distinguished 
individuals, or in national partialities and antipathies, or 
in improbable narratives and fanciful conjectures, or in 
conflicting political systems, or in different creeds of re- 
ligion, I have labored for several years, with constant and 
careful perseverance, to find out and to perpetuate all 
the important facts which properly belong to an impartial 
history of Indiana from its earliest exploration by Euro- 
peans to the close of the territorial government in 1816. 
Many interesting particulars concerning the discovery 
and settlement of the Northwestern territory have been 
gleaned from the voluminous writings of divers Catholic 
missionaries and French travelers who visited the valley 
of the Mississippi at different periods in the course of the 
eighteenth century." 

This gives an outline of the work to which he devoted 
several years of labor, and which resulted in an invaluable 
collection of data and records which must forever be the 
treasure-house of the historian of this period. His object 
was to collect the facts, and to state them truly and clearly 
without comment, and to this plan, he resolutely adhered. 
He paints no portraits, no historical pictures ; worships 
no heroes or saints ; never glows with admiration at the 



p ^^ ti ^ ^gM a^r-i' ■* . • ■, -^-^-"!" - -■ - .■-■■■ 



"I 



/OILY £. DILLON. 43 

performance of a great deed ; never condemns or cen- 
sures the acts of a dastard or coward. He is as impartial 
as a pound weight or a yard stick ; he lets each fact cast 
its own shadow to the full, under the reflection of an un- 
colored light. His pages are crammed with facts, not 
arrayed for the justification of a particular theory, or ar- 
ranged to demonstrate some system of historical philoso- 
phy, but submitted in their nakedness and truth to the in- 
vestigation of the student. 

He often spoke in terms of severe condemnation of his- 
torians who embellished their works with comments upon 
events, who moralized upon them, and filled their pages 
with eloquent essays upon the facts which should have been 
simply recorded. He regarded the dazzling and stately 
periods of Macaulay and the picturesque and gorgeous 
imagery of Carlyle as out of place in history. While he 
did not underrate them as men of the highest literary ac- 
complishment, he held that they mistook the true office ot 
the historian, and mingled in their records of great events 
that which belonged to the poet, the orator, the essayist 
and the philosopher rather than to the impartial recorder. 
He never violated the severity of his rule, and though his 
fancy was brilliant, his choice of language exquisite, his 
appreciation of a noble deed or a grand character of the 
highest and truest order, he refrained from mingling his 
opinions, his sentiments, his praise or blame with the sim- 
ple and severe narrative of the events which he clothed 
in the pure, strong and distinct style used by the best 
English writers. If he made any mistake in practice it 
was in drawing the line too strictly between history and 
biography. They should be combined. Remarkable 
men are great facts, and a proper part of history. 

It can not be denied that his theory of the province ot 
the historian was the true one. Upon this ground he 
stands unimpeachable so long as he truly and fairly relates 



- . ' 



44 LIFE AND SERVICES OF 

the facts. To discover them, to get all ot them, to state 
them clearly, to arrange them in their natural connection, 
is labor enough for the greatest writer. 

But mankind demand more ; they would have a histo- 
rian paint a panorama ; they would have him lead out his 
heroes as did Homer ; they would have him teach lessons 
of philosophy as did Socrates and Bacon ; they would 
have him shape his characters in living molds, and bring 
them upon the stage to speak, as did Shakespeare. It 
can not be denied that this is a work too great for the 
mightiest intellect ; that it is unsafe and dangerous ground ; 
that the truth may, in this attempt, be distorted, or dis- 
guised, or warped, or entirely lost. 

And yet coming generations will glow with renewed de- 
light forever over the pages of Livy, Gibbon, Carry le, Ban- 
croft and their compeers ; they will be the leaders and apos- 
tles of history. And just beyond the border will stand in 
their grateful hearts the great historical romances of Scott, 
Thackeray, Victor Hugo, Bulvver, Ebers, Wallace, and 
others of equal power, giving delight, giving instruction, 
inspiring to loftier aims. Men will drink this wine ; they 
will get drunk on it ; total abstinence they will scout for- 
ever from this divine liquor ; they will not take the temper- 
ance pledge against this glorious intoxication. They want 
to see and hear the great characters of the past ; they want 
to look into their eyes, to feel the mighty magnetism of their 
presence. 

But, after all, this is not history, is not fact, is but partial 
truth, is but the fine art of exalted genius. And yet men 
prefer it to the stately and dry falsehoods and partial truths 
which have passed in memorable instances, for history, 
age after age. They prefer it because they lack confidence 
in the research, the faithfulness, the integrity, the fairness 
and the general ability of historians. They prefer it be- 
cause the facts are often gathered for partisan or sectarian 






Kxtw rnm ei?* *' ''* ' ! ■ — - - • 



JOHN B. DILLON. 



45 



purposes and mustered to sustain an argument ; because 
such history is not history — is as much fiction as the pages 
of the novelist. Read skeptical Gibbon and believing 
Milman, Protestant D'Aubigne and Hume, and Catholic 
Lingard and Spalding, Democratic Bancroft, and Federal- 
ist Hildreth, and rid yourself of this impression if you can. 
A perfect history will never be written, but the nearest ap- 
proach must finally be the cold, dispassionate, unbiased, 
clear, fair statement of the facts, both as to the events and 
the men, the acts and their personality. 

Here let me quote the opinions of a few brilliant men as 
to the office of history : 

Lamartine says that history is a * 'complete picture of 
humanity, painted with broad strokes for the eyes of the 
people, in place of being a lifeless analytical table like a 
chronology, or uninteresting as all abridgements are, and 
should be living like men and vivid like a drama. Inter- 
est is the true key of memory. The heart of man only re- 
members what moves and impassions it. Now what is it 
in history that moves or excites the masses? Is it things, 
or is it men? It is men — men only. You can not excite 
yourself over a chart, or be moved by a chronology. These 
abridged and analytic processes are the algebra of history, 
freezing while they instruct. This algebra of memory 
must be left to the learned, who, amid their dusty books, 
after reading all their lives and crowding their repertories 
with millions of facts, names and dates, desire to make a 
synoptical table of their science, in order to be able at any 
moment to lay their finger on the date of a year or the 
name of a dynasty. * * * The mass goes straight for- 
ward to a small number of dominant facts, which overtop 
history as lofty mountain chains divide and overlook con- 
tinents ; it fixes these facts in its memory by a small num- 
ber of names of superior and truly historical men, who 
have associated their existence, their lives, or their death 



.-. ■ ...... 



46 LIFE AND SERVICES OF 

with these facts, and if the historian has the art or the gift 
of penetrating in thought into the spirit, the heart, the ideas, 
the passions, the public, or even the private, lives of these 
great men, the common run of readers agrees in neglecting 
all secondary events and characters and identifies itself with 
him in thought, in admiration, in emotion and even in tears 
with the thoughts, actions, vicissitudes, virtues, greatness, 
fall, triumph and catastrophe of these grand actors of the 
drama of humanity." 

In a similar vein, Carlyle says : 

"For great men I have ever had the warmest predilection. 
# « % Q rea |; men are th. e inspired (speaking and act- 
ing) texts of that Divine Book of Revelations, whereof a 
chapter is completed from epoch to epoch and by some 
named history/' 

Bolingbroke says that "History is philosophy teaching 
by examples." Macaulay, speaking of this, says : 

"Unhappily what the philosophy gains in soundness and 
depth the examples lose in vividness. A perfect historian 
must possess an imagination sufficiently powerful to make 
his narrative affecting and picturesque. Yet he must con- 
trol it so absolutely as to content himself with the materials 
which he finds, and to refrain from supplying deficiencies 
by additions of his own." 

Be this as it may, history will ever be the great delight- 
ful study of mankind. 

Mr. Dillon appreciated fully the difficulties and dangers 
in his pathway, and did his best to tell "a plain, unvar- 
nished tale." His "History of Indiana" was published in 
1859, anc ^ covered the entire ground until the year 1816. 
It is a worthy result of twenty-five years of labor and 
study ; concise and compact in style, and embodying the 
events of our history as a Territory and State fully and 
fairly. That was all he claimed, that was his highest am- 
bition. This was the greatest achievement of his life. In 



• - — 



JOHN B. DILLON. 47 

his preface to this history he says : "The Historical Notes 
have been carefully revised, enlarged in reference to some 
subjects, condensed in reference to others, and embodied 
in this work." 

But it is a matter of profound regret that Mr. Dillon 
adhered too rigidly to his theory. He knew personally 
many of the eminent men of early Indiana. He could 
have described their peculiarities of manner, mind and 
body. He could have painted, in truthful words, the por- 
traits of our early governors, judges, legislators, soldiers, 
lawyers, merchants, and men of affairs ; their habits ; 
their position in society ; their modes of life ; as well as 
their services to the public. He could have informed 
posterity of the origin and struggles as to the important 
movements in business, in politics, in legislation, in so- 
ciety, in morals, in education, in religion, and in war, 
which stirred deeply the communities of the rising state. 
With what delight would his readers have pored over 
the true pictures of these men, these events, these 
steps of progress, which he could have drawn from his 
own observation and from the mouths of living witnesses, 
now lost forever. 

He published in 1871 a work entitled "Notes on His- 
torical Evidence in Reference to Adverse Theories of the 
Origin and Nature of the Government of the United 
States." The short preface expresses in as concise terms 
as possible the scope of the work. He says: "Many 
good reasons have induced me to believe that a fair con- 
sideration of the historical facts which have been com- 
piled from various authentic sources, and embodied in the 
following notes, will help in no small degree — 

" First, to weaken the power of certain political errors 
which, from the beginning of the government of the 
United States to the present time, have constantly exer- 
cised a disturbing influence on the administration of na- 
tional affairs ; and 



--*■")* 



48 LIFE AND SERVICES OF 

" Secondly, to promote the growth and the perpetuity of 
sound and harmonious opinions on important questions 
which relate to the origin and nature of the government 
of the United States, to the constitutional powers of Con- 
gress, and to the reserved rights of the several states of 
the Union." 

This little book is composed almost entirely of extracts 
from the opinions of statesmen, lawyers, judges and 
authors, the resolutions of public meetings and legislative 
bodies largely contemporaneous with the founding and 
organization of our government. 

His conclusion from this evidence is : " First, that this 
government did not originate in any alliance, confedera- 
tion or compact formed by separate sovereign and inde- 
pendent states. Secondly, that all political theories which 
are founded only on a presumption of the original sover- 
eignty and independence of each of the thirteen revolu- 
tionary states of the Union, are errors, which, if they can 
not be corrected, may continue to be the sources of un- 
friendly and bitter controversies among the people of the 
United States in relation to the constitutional powers of 
their own national government, and to the nature and lim- 
itation of state rights." 

This work is a valuable addition to our political litera- 
ture. 

Shortly before his death he sold, for some three hun- 
dred dollars, the manuscript of his work entitled, " Oddi- 
ties of Colonial Legislation as Applied to the Public 
Lands, Primitive Education, Religion, Morals, Indians, 
Slavery, and Miscellaneous Laws." To this was added 
and included in the same volume * ' Chronological Records 
of the Origin and Growth of Pioneer Settlements, from 
1492 to 1848, in America." This work was not entirely 
published until after his death ; in point of fact, the latter 
part of the " Chronological Record" was not completed 



MK$r*r?*ZM^ ^ 



JOHN B. BILLON. 49 

bv him, but was written out from his notes and memoranda 
by Ben. Douglass, Esq., from a point beginning about the 
550th page. 

In his preface to this work Mr. Dillon says : " The long 
and careful researches which preceded the preparation of 
this volume were extended, not only into the details of 
American colonial history, but into the records of many 
different races of men, living under various political sys- 
tems, and maintaining divers forms of religious worship. 
From these sources I have selected a great number of in- 
teresting facts which throw light upon the origin and 
growth of civilized institutions in North America. Many 
of these facts are remarkable and important ; others of 
less moment may be regarded as brief commentaries upon 
the manners and customs of the people to whom they re- 
late. 

"No attempt has been made to magnify or diminish the 
real significance of any of the facts which are recorded. 
As a general rule they are submitted without comment to 
the consideration and judgment of the reader. The exact 
words in which certain remarkable statutes were enacted 
place before the minds of those who may read them the 
most authentic evidence of the official opinions of many 
early American colonial legislators. Historical truths have 
been, very often, either overlooked or suppressed by differ- 
ent kinds of prejudices or transformed into errors by the 
misleading brilliancy of style of a historian. ' Elegance,' 
says Sir William Jones 'on a subject so delicate as law, 
must be sacrificed without mercy to exactness.' " 

Pursuing this plan, he has produced a work that is so 
full of information and so unique in character, bearing 
such indubitable evidences of authenticated and conscien- 
tious research, that it is without a parallel in American lit- 
erature, and will be the perpetual text-book upon this sub- 
ject. Here may be found rare specimens of the vain, 



,_„., j^^y. . .. . , . 



50 LIFE AND SERVICES OF 

ridiculous and laughable efforts of the legislators to patch 
up the ills of society, as quack doctors' medicines are in- 
vented, put on the market and rejected. No such cabinet 
of curiosities can be found outside of the patent office, 
with its ten thousand devices, from perpetual motion to a 
flying machine. 

He derived but little compensation from all his labors.' 
His histories were regarded as dry reading — very few of 
his best friends read them, and still fewer complimented 
him on his great and signal success in giving to mankind 
a history of the early days of Indiana of unquestionable 
fairness and veracity. 

In the month of January, 1845, he was elected by the 
Legislature State Librarian, an office for which he was 
admirably adapted by reason of his learning, his tastes 
and his habits of life. This he held six years, when, be- 
ing a Whig, his successor was chosen from the Democratic 
party. The office was regarded as a proper reward for 
partisan services by both parties, and he was retired and 
Nathaniel Bolton was elected in his stead. I ought to say 
that he was first elected by the votes of the Democrats 
against the nominee of his own party, so that he owed 
both his election and his defeat to his political enemies. 
He served three years, and was unanimously re-elected, 
but in December, 185 1, he was defeated, having been both 
chosen and rejected in spite of his political friends. It is 
discreditable to the Whigs that in favor of a partisan they 
opposed him at his first election, and to the Democrats 
that they opposed him at the last; though the latter mav 
justly claim the honor of conferring upon him the office he 
so worthily filled, to the general satisfaction of men of all 
parties. 

I believe that no reflecting man of the Democratic party 
ever looked upon this removal except with regret, and that 
the force of party spirit in this case was sincerely deplored. 






mmm mm, p. - 



! 



JOHN B. DILLON. 5 1 

The state contained no man so well qualified, in all re- 
spects, for the position as he was. The office was under- 
valued ; its importance has only been demonstrated to the 
unthinking partisan, when he has visited the State (Histori- 
cal) Library at Madison, Wisconsin, and seen there the 
magnificent results of the retention of a well-qualified li- 
brarian for more than thirty years, in which he can see that 
great state in miniature — -her archaeology, her history, her 
biographies, her products, her geology, her mineralogy, 
her remarkable scenery, her great resources, and all the 
facts of interest connected with the state, past or present. 
An invaluable collection, a proud monument to the foresight 
of the people, and to the labors and genius of the man who 
has filled so ably the position. 

Had we retained Mr. Dillon we might have had a library 
with cabinets and collections worthy of visit, instead of 
the wreck that meets the eye of the disgusted stranger who 
can appreciate such an institution. In the name of all that 
is honorable and progressive, let us hereafter, in Indiana, 
select a good and capable person for the place, pay the of- 
ficer a comfortable salary, encourage the giving of appro- 
priations, and build up something fit for a place in the 
empty alcoves of the grand halls in our new State House. 

I find no fault with the librarians, but I do with the leg- 
islators whose niggardly policy has brought disgrace upon 
the state — has put us in the rear of our younger sisters. 

Mr. Dillon was Secretary of the State Board of Agri- 
culture in the years 1852, 1853, 1855, 1858 and 1859. While 
he did not pretend to an extensive or thorough knowledge 
of agriculture, or of any of its branches, he made a re- 
spectable and efficient secretary, doing much to further the 
organization, which was, at the beginning of his official 
term, in its infancy. In 1851 he was appointed by Judge 
Test, Assistant Secretary of State, which position he held 
about two years, the balance of the Judge's term.. 



w ^.* T _^,,,.._, r , ..,,.. ,..,..„. .,.- ....... - ■ - ~ 



52 X/i^ .4 AT) SERVICES OF 

In February, in the year 1863, Mr. Dillon was appointed 
to a clerkship in the department of the Interior, and ex- 
officio Superintendent of Documents and Librarian, and 
removed to the City of Washington, where he resided the 
most of his time, until the spring of the year 1875, when 
he returned to Indianapolis, where he remained until his 
death on the 27th day of February, 1879. 

He never aspired to an office commensurate in its pay 
and emoluments with his abilities, but accepted such posi- 
tions as might be left after more ambitious and less capa- 
ble men were satisfied. After the election in 1866, he re- 
peatedly offered to resign his position of Superintendent 
of Documents and Librarian in order that a soldier might 
be appointed in his stead, but his offer was refused. At 
length, in March, 1871, he resigned, having been sub- 
jected to constant annoyances and irritations by certain 
officers of the Department of the Interior, who desired the 
place for the purpose of patronage, since the salary had 
been increased to $2,500 a year by the exertions of the 
friends of Mr. Dillon. 

He was appointed Clerk to the Committee on Military 
Affairs in the House of Representatives of the 43d Con- 
gress, and held the office two years, until March, 1875, do- 
ing his duty faithfully and acceptably. I can personally 
attest to this and much more while in the position. 

In December, in the year 1835, ne became a member of 
this society, and in December, 1842, was elected an hon- 
orary member. On. the 22d of January, 1848, he was ap- 
pointed a member of the executive committee and elected 
librarian, and requested to deliver the next annual address. 
This address was delivered before the society on the 23d 
of May, 1848, the subject being "The National Decline of 
the Miami Indians." I find that it was highly commended 
in the Cincinnati Gazette. 

On the 7th of October, 1873, he was again elected secre- 



'1 






JOHN B. DILLON. 53 

tary, and held this office until his death. Before Mr. Dil- 
lon became the librarian quite a large collection of books, 
pamphlets, maps and manuscripts had been accumulated 
and carefully preserved in the office of the clerk of the 
Supreme Court, the late Henry P. Coburn. When Mr. 
Dillon became librarian these were removed to the State, 
House and remained in his sole custody until 1S63, 
when, receiving an appointment as a clerk in the Depart- 
ment of the Interior, he left the state, remaining absent 
until the year 1875, when he returned and resumed his 
residence in Indianapolis. The number of volumes, docu- 
ments and papers in this collection of the Historical Society 
had been very largely increased up to the time of his de- 
parture, and the library had been placed and fitted up care- 
fully in the building of the State Bank. Here it remained for 
some time, and until the affairs of the Bank of the State and 
the Sinking Fund were closed. When the building was 
sold, the books were removed, in part, to the State House, 
and a large number, with the papers, manuscripts and docu- 
ments, scattered, or lost or stolen, and have disappeared 
forever. Mr. Dillon was absent ; the great events of the 
war absorbed the public interest, and the library, which 
contained many valuable treasures and curiosities, had no 
one to care for it or prevent its plunder and destruction. It 
is not my province to find fault or attach blame to any one, 
but I am sure that this lamentable event would never have 
occurred had Mr Dillon remained in Indianapolis. 

As secretary and librarian he prepared and issued many 
circulars to the people in the several counties, containing 
questions bearing upon all the prominent facts in the his- 
tory of different important localities. Answers had been 
obtained and filed away, and a large amount of data pre- 
served for futher use. This has been stolen or destroyed ; 
no trace of it remains. He is the author of the queries 
which are found in the county histories published with a 



■ 



' 



54 LIFE AND SERVICES OF 

large bound atlas of the state, in the year 1876; and the 
answers to them furnish many valuable facts for this work. 
The loss of the best part of the library is a disgraceful 
fact, and a cause of profound regret and shame to every one 
who has any pride in the history and character of our state. 
It can never be replaced or restored ; nothing can make 
amends for its destruction. A few of the books were found' 
in the State House, mingled with those of the State Library, 
and form a nucleus for a future collection. The last work 
of his life was the gathering and re-arrangement of this 
fragmentary collection in an upper room of the Court 
House some ten days before his death. 

I have casually referred to the fact that he was a genuine 
poet, the best evidence of which exists in a few short 
poems, familiar to all of our people ; perhaps no better 
lines could have been written upon the subjects. "The 
Burial of the Beautiful " is the most famous, and will per- 
petuate his memory among all lovers of poetry. He was 
a man of strong religious convictions, an attendant but 
not a member of any church ; for several years he was a 
Sunday-school teacher, as many men, now in middle life 
can testify. He was a student of the bible, but never 
paraded his learning, or indulged in controversies upon 
religious beliefs. These he regarded as best illustrated 
in practical every-day life, and surely no better model 
was ever seen by his associates than his own. 

He was a man of hot temper, quick to resent an imputa- 
tion of wrong, and often impatient of a decided contradic- 
tion, but his good sense and benevolent disposition kept 
him from that violence which seemed occasionally about 
to be exhibited. I remember on one occasion to have gone 
with him to the Metropolitan Church, in Washington, 
where, at the end of the services, it was announced that a 
great effort would then and there be made to rid the church of 
debt by a collection and subscription. Some one, who was 



I 



JOHN B. DILLON. 55 

acting for the church, announced that the audience should 
remain seated, and that the doors were locked to prevent 
exit. Mr. Dillon jumped up in great wrath, and declared 
he would not be held that way, and he would go out at 
once. What he said was heard all around him, and it 
was with difficulty that he v/as persuaded to sit down and 
remain. He was as tender-hearted as a girl, and full of 
pity and sympathy for the unfortunate, who never appealed 
to him in vain. 

He led a very quiet life, withdrawing more and more into 
the shadows as age crept on him and as his vigor vanished. 
He lived largely alone, having never married. He knew 
that his work would endure ; he was as conscious of this 
as is the builder who has put in foundation and capstone 
of granite to a material structure. He had no profession 
but letters, and in the solid results of his best labors neither 
money nor applause added to his satisfaction. As time 
rolls by his labors will be appreciated ; the scholars of the 
future will quote him, and rely upon him, and no library 
in America can be considered complete without his works. 

It was the ambition of a great writer to leave a little 
volume " that would be found in the cottages of the poor ; 
to be spelled over at evening by the light of the household 
lamp ; to be carried about and recited by fragments by 
neighbors among the corn and blooming grapes ; to pitch 
about in boats with the cooking utensils of the fisherman ; 
to be packed with the loaf of black bread and salt olives 
in the canvas bag in which the shepherd of the Alps 
carries the provision of his solitude." Mr. Dillion's am- 
bition was to be read by scholars, by statesmen, by his- 
torians, by students of the past. It was not for popular 
applause. It was to preserve forever the facts of our early 
history for the great and wise and good of all coming 
generations. 



fruwjj. 4i ,..,■* -^ — ---.- --- « — ;~ , l ■<*«»• -^f ' 



56 LIFE AND SERVICES OF 

He has done his work well. He lies buried at Crown 
Hill, where friendly hands have erected a monument to 
mark his last resting place. But that is not his true mon- 
ument. He built that himself. It will endure when the 
stone has no power to tell its tale. 

Mr. Dillon died poor. A few dollars remained in his 
pocket-book after his decease. His administrator found 
but few assets upon which to administer. The price for 
, his last literary work was almost exhausted ; it was but 
a few hundred dollars. His estate did not pay his debts 
in full. The library which he had. collected had gone 
book by book to the second-hand store, and his treasures 
had departed from their shelves. But he left what was 
better than lands, or gold, or rare books, or choice manu- 
scripts—a noble example of integrity, modesty, industry, 
and purity of character — the light of a life devoted to 
study for useful purposes, that will never be willingly put 
out while mankind aspires to a more exalted and perfect 
existence. 



P^sbw^^v*.^ 



JOHN B. DILLON. 57 



NOTES ON JOHN B. DILLON. 



The following sketch was prepared by the Hon. Horace P. Biddle and was 
added by Gen. Coburn to the foregoing. 



I met John B. Dillon at Logansport, in May, 1836, but 
at that time had merely a passing acquaintance with him. 
In October, 1839, \ became a citizen of Logansport, where 
I have ever since resided, and soon became an intimate 
acquaintance and confidential friend of Mr. Dillon. He 
was then the editor of the Logansport Jelegrafh, Our 
intimacy, friendship and confidence remained unshaken 
until his death, in 1879 » ^ ut n * s sensibility was so acute 
and his modesty so delicate, that I never learned much of 
his inner personality, nor of his private history — scarcely 
anything from himself. In 1848 I met and became ac- 
quainted with Mr. L'Hommedieu, of Cincinnati, the ed- 
itor for many years of the Cincinnati Gazette. Knowing 
that I was from Logansport, he made many inquiries of 
me concerning Mr. Dillon. He had known Mr. Dillon 
well before he came to Logansport. Mr. L'Hommedieu 
told me that Mr. Dillon was a Virginian, born in Brooke 
county ; that his father, while he was yet a child, removed 
to St. Clairsville, Belmont county, Ohio. His father died 
while John was a lad of nine or ten years. After his 
father's death John went to Charleston — now in West Vir- 
ginia, where he learned the art of printing. That he 
came to Cincinnati in 1824, and was then seventeen years 
old — this would place the birth of Mr. Dillon in 1807. He 
obtained work on the Cincinnati Gazette as a compositor. 



5 8 LIFE AND SERVICES OF 

The paper I believe was then edited by the celebrated 
and somewhat eccentric John C. Wright. By this paper 
Mr. Dillon's first contributions to literature .were made 
known to the world. He afterwards contributed to other 
newspapers and periodicals — The Western. Souvenir ', 
Flint's Western Reviezv, and in 183 1 became connected 
with the Cincinnati Mirror, a literary paper of high ex- 
cellence. In 1834 -M- 1 "- Di^ on came to Logansport to re- 
side, where, as I have stated, I first became acquainted 
with him. 

Mr. Dillon was an attentive and general reader, and 
was well acquainted with the general principles of juris- 
prudence. While living in Logansport he turned his at- 
tention more particularly to practical law, and was ad- 
mitted to the bar ; but the practice never came. Though 
he possessed one of the finest intellects ever endowed upon 
man, Mr. Dillon had no adaptability to the business affairs 
of life. All he desired was to think and to know ; he 
had no disposition to do and to have. He delighted in 
original composition in belles lettres, and he became master 
of a perfect style of pure English, but seemed entirely 
careless of ulterior results — whether his work gained him 
profit or reputation or not. In 1842, Mr. Dillon, in con- 
nection with Stanislaus Lasselle, published a volume en- 
titled *' Historical Notes," though Mr. Lasselle had noth- 
ing whatever to do with its composition. This volume 
formed the basis, or rather nucleus, of his " History of 
Indiana," published in 1859 — a thorough and valuable 
work. In 1845 Mr. Dillon was elected State Librarian of 
Indiana, and removed from Logansport to Indianapolis. 
Since that period I have known less of the particulars of 
his life. 

Mr. Dillon afterwards wrote and prepared for publica- 
tion the essential part of a volume entitled " Oddities of 
Colonial Legislation in America," a very curious book, 



JOHN R. DILLON. 59 

which shows the diligence and peculiar research of the 
author. Mr. Dillon died before the work was completed. 
It was then finished by Mr. Ben. Douglass and published 
bv Robert Douglass, of Indianapolis. 

He wrote but little poetry in quantity — perhaps not to 
exceed a dozen pages in all — but in quality it is excellent. 
"The Burial of the Beautiful," and the " Orphan's Harp," 
must be regarded as gems amongst the literature of the 
English language. 

In person he was peculiar. Of medium height, with a 
fine athletic figure, yet his hands and feet were clumsy 
and quite ungainly. His temperament was a blending 
of the nervous, sanguine, lymphatic. His head was 
large and round, covered with dark hair. His forehead 
was broad, and rose abruptly, with scarcely any recession 
above the brows. I think no one ever knew the color of 
his eyes. He had a defect of vision of some kind, I think 
from a cataract, and always wore spectacles with large 
dark side glasses, which effectually concealed his eyes 
except from a front view, and then they were very dimly 
seen. Familiar as we were for so many years, meeting at 
all hours of the day, under all circumstances — even to 
bathing in the river — I never saw his face without his 
glasses on, which he always wore fastened by a little cord 
around the back of his head. Nor was the subject of his 
eyes, his vision or his glasses ever mentioned between us 
during our long acquaintance. I have been told by those 
who lodged in the same room with him that if he ever took 
his glasses off it must have been after he got into his bed, 
and if so, that he put them on again before he rose from his 
bed. When with familiar company of his own sex — as in 
a room, or walking abroad — if he had occasion to adjust 
his spectacles he always turned away from the company.* 

*When Mr. Dillon's remains were being prepared for burial it was 
observed by those in attendance that the ball of his left eye had been 
broken, apparently by a blow of some kind, and partially wasted away. 



60 LIFE AND SERVICES OF 

His general demeanor was that of seriousness, even to 
sadness, and in the presence of strangers extremely shy 
and diffident; yet with his familiar friends, over a game 
of chess, a feast of anecdote, or at our athletic exercises, 
he was often mirthful, and sometimes, indeed, even up- 
roarious. In the presence of ladies he was always em- 
barrassed, and as bashful as a swain ; no efforts on their 
part to put him at his ease ever seemed to succeed, though 
no man was ever more esteemed by pure and intelligent 
women than John B. Dillon. 

But as genial and amiable as Mr. Dillon's character 
was, there was a passion-power within him that, when 
thoroughly roused, was intense. The following incident, 
which occurred before I knew Mr. Dillon personally, I 
have often heard related by persons who witnessed the 
scene. It was upon a public occasion connected with 
politics. Mr. Dillon had become one of the objects of 
some excitement in relation to the newspaper which he 
was editing. In the midst of a dense crowd he received 
a blow from some unknown person. It aroused his Vir- 
ginia blood, He rushed out of the crowd and called upon 
the man who had struck him to come out and meet him 
face to face, and make himself known, or forever wear the 
brand of a coward. His passion was so intense and so 
thoroughly aroused, that it did not subside for hours. But 
no one took up the gauntlet. 

Mr. Dillon was very fond of wit, though he seldom fired 
its rocket. He was so alive to consequence that he con- 
sidered too long ; but to discuss a point of wit, contrive a 
conundrum, or a pun,, no one was more ingenious. He 
seldom played practical jokes, though on one occasion he 
practiced one, not anticipating its effects, which was re- 
markably successful. Mr. Dillon and Mr. George Winter, 
the well-known artist of the northwest, were sitting with 
me in my law office on the first day of April, 1840. It 



• 



! 



; 



JOHN B. DILLON. 6 1 

was a very fine day, and in the course of our conversation 
the first day of April was mentioned, " Let us fool some- 
body," said Mr. Dillon ; and took up a pen and a narrow 
strip of paper, and wrote on it the following notice, I 
think, literally : 

* 'There will be exhibited at the court house this even-' 
ing a living manthorp, from 8 to 10 o'clock. 

"Sir Roger De Coverly, Manager." 

He took a couple of wafers with him, and as he went to 
the hotel, where we boarded, stuck the notice upon a small 
bill-board in the hotel office. At dinner there was much 
discussion about the strange animal. During the after- 
noon the young gentlemen of the town, who prided them- 
selves on their learning, several of the clergymen and 
some of the lawyers were busy studying their natural his- 
tory, the encyclopedias, and all the books they could find, 
to ascertain what the new creature was. The word man- 
thorp, is really a compound of two Anglo-Saxon words, 
meaning "the man of the village," and as "Sir Roger De 
Coverly" is the name of one of Mr. Addison's amiable 
characters, Mr. Dillon had no expectation of the success 
of the joke ; indeed, he was mortified at the result. For 
a long time afterwards Mr. Dillon's "April Fool" was 
locally a popular anecdote. 

Mr. L'Hommedieu, upon the occasion of meeting him 
in Philadelphia as above related, while we were ramb- 
ling along the banks of the Schuylkill, related to me the 
following most singular and sad mischance in the life of 
Mr. Dillon, as having occurred within his own knowledge. 
While Mr. Dillon was a resident of Cincinnati, some busi- 
ness connected with his correspondence and the press re- 
quired him to go into the southern part of Illinois. At the 
time he happened to be there a murder was committed by 
some unknown person. Excitement ran high, of course, 



Mli l inji j i in j ,' - 



62 LIFE AND SERVICES OF JOHN B. DILLON. 

and the search for the criminal was wildly aimed in every 
direction. Mr. Dillon, being a stranger, with his strange 
appearance, retiring and taciturn manner, became an ob- 
ject of suspicion, and he was actually arrested on a charge 
of murder, and held in confinement until he could commu- 
nicate with his friends in Cincinnati and effect his release 
upon evidence. 

I never heard the incident from any other source than 
Mr. L'Hommedieu's relation of it, nor have I ever men- 
tioned it but once before the present writing. From Mr. 
Dillon's peculiar sensitiveness I forbore telling the circum- 
stances lest it might enter into ears connected with indis- 
creet lips, and become a mortification to the feelings of Mr. 
Dillon. Of course the mishap could not affect the life-long 
purity of Mr. Dillon's character. 



MdB ^ -M ^ - , .rw«»"r , » ,r ^ r-~r~— ,->— ■ ■ 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 

VOLUAVE II. NUMBER 3. 



The Acquisition 



OF 



LOUISIANA 



BY 



JUDGE THOMAS M. COOLEY. 



INDIANAPOLIS : 

THE BOWEN-MERRILL COMPANY, PUBLISHERS. 
1887. 



te-ii 



P » ,j^ i j^^ ^y ^^w i vw y>^'^' J,y ^ , - ,y ' r "• *~~ " "~ -rwwfr* 



THE ACQUISITION OF LOUISIANA. 



[An address delivered before tlie Indiana Historical Society, February 

16, 1887.] 

No theater of human activity has been more prolific of 
great and striking events and changes than has the United 
States of America since independence of the mother coun- 
try was secured. And of these events three stand out 
specially prominent, because of their having affected most 
profoundly the subsequent history. These are the estab- 
lishment of territorial government under the Ordinance of 
1787, the adoption of the Federal Constitution, and the 
purchase of Louisiana from France. The first was the be- 
ginning of the end of slavery on the American continent ; 
the second saved the American States from anarchy and 
laid enduring foundation for the greatest republic known 
to history ; and the third in its consequences, increased 
beyond expectation or prophecy the importance of both 
the others, and gave such direction to the subsequent 
thought of the people and led to such marshaling of polit- 
ical forces, that nearly all the leading events of later 
American history were either traceable to or in some meas- 
ure shaped or determined by it. 

We shall spend no time on this occasion in a considera- 
tion of the Ordinance of 1787, so peculiarly interesting to 
us who were bred under its protection and who are imme- 
diate inheritors of its blessings. Neither shall we now 
discuss the great event which made us a nation, except as 

(6s) 



66 THE ACQUISITION OF LOUISIANA. 

to its bearings upon the acquisition of Louisiana, to which 
alone at this time attention will be directed. 

The discovery of the western continent had exposed a 
new world of wonderful possibilities to the grasp of the 
first people who should embrace the opportunity to seize 
upon it. Its savage inhabitants were neither sufficiently 
numerous fitly to possess and utilize it, nor sufficiently 
skilled to be able to defend their occupancy ; and the na- 
tions of Europe, which appropriated to themselves the 
designation of civilized, treated the country as derelict, 
and therefore as falling by right to the first finder. And 
then began the great race in colonization and settlement, 
which continued until the tremendous impact of nation 
with nation in Europe loosened the hold of some while it 
seemed to tighten the grasp of others, but was all the while 
preparing the way for that reaction of America upon Europe 
which before long gave birth to the French Revolution, 
and for a generation put the peace and industry of the 
world at the mercy of a gifted but unscrupulous advent- 
urer. 

French and Spanish colonization of America were not 
more remarkable for rapidity and extent than for the com- 
plete subjection to the despotic authority which then con- 
trolled the two countries respectively. The Spaniards, 
following the course of the first discoverer, lost no time in 
possessing themselves of vast but indefinite regions in 
South as well as North America, while the French, direct- 
ing their course farther to the north, entered the Gulf of 
St. Lawrence, and pushing on up the great river of the 
same name, were soon exploring the vast interior beyond 
its head waters, planting here and there, in the most com- 
manding positions, their missions and their trading posts, 
until at length the Mississippi was reached, upon which 
also they erected the cross and established trading sta- 
tions. Every mission and trading post was a military sta- 



THE ACQUISITION OF LOUISIANA. 67 

tion also, and the whole chain of posts from the mouth of 
the St. Lawrence to and around the great lakes and down 
the Mississippi was subject to the principle of absolute 
obedience to the King and his vicegerents, and the whole 
structure was so imposing in its embodied force, and so 
completely and immediately available for either aggress- 
ive or defensive warfare, that it gave to France in the eyes 
of the world and of its own King and people a grandeur 
and apparent strength quite out of proportion to the mea- 
ger settlement that had been made under the French flag, 
and for a long time enabled the French colonial power to 
carry on a doubtful struggle with the far stronger but less 
perfectly united and controlled colonies planted by the 
English. But the fall of Quebec struck a death blow to 
French power in America, and by the treaty of Fontaine- 
bleau all the vast region claimed by the French east of 
the Mississippi, the island of Orleans excepted, was sur- 
rendered finally to England. When a little later the strug- 
gle came between England and her colonies, the latter 
were enabled to make good their claim to all the ceded 
territory south and west of the great lakes, and by the 
treaty of peace the British claim was relinquished and the 
few military posts still remaining in British hands were 
agreed to be surrendered. A vexatious delay afterwards 
occurred, and the surrender was not completed until after 
the ratification of Jay's treaty, but the whole Northwest 
Territory then came under the beneficent provisions of 
the anti-slavery ordinance which had previously been put 
in force. 

When the Constitution was adopted there was abundant 
reason for believing that the institution of slavery would 
never in the United States rise to any great political im- 
portance. The public conscience was not then very sen- 
sitive to its wrongs, but enlightened men in all sections 
opposed it, and the opposition was nowhere more pro- 



68 THE ACQUISITION OF LOUISIANA. 

nounced than in Virginia, whose leading statesmen clear- 
ly perceived its political and social evils. The pecuniary 
interest in it was then smaU as compared to what it be- 
came a few years later ; and had not the condition of 
things greatly changed, it must in time have peaceably 
passed away, without shock to the Constitutional structure. 
But when the new cotton machinery had made that crop 
the most valuable of American staples^ new and unantici- 
pated strength was given to the institution, w r hich was 
wonderfully augmented by the purchase of that vast terri- 
tory then vaguely known as Louisiana. Of the transcend- 
ent importance of that event, aside from the expansion of 
territory, we get some idea when we reflect that the Mis- 
souri Compromise, the Annexation of Texas, the Compro- 
mise of 1850, the Kansas-Nebraska bill, the Dred Scott 
case, and at length the civil war, were events in regular 
sequence, directly traceable to it, not one of which would 
have occurred without it. The United States of to-day 
stands as it does in the first rank of nations, strong and 
self-centered, and without threatening diversity of interest 
among the states, because Mr. Jefferson, in 1803, without 
constitutional justification as he then believed, assumed on 
behalf of the Union to make a purchase of foreign terri- 
tory. The purchase, therefore, stands out on the pages 
of history as one of those significant and mighty events 
that distinguish the epoch of occurrence ; not the less sig- 
nificant because of being accomplished peacefully, and 
without disturbing the social and industrial state. Events 
of such transcendent importance seldom occur except as 
a result of bloodshed and disaster ; and the purchase of 
Louisiana therefore challenges our special attention, not 
merely from its influence upon subsequent events, but 
from its unique character. We may well give a brief hour 
to an inquiry into the circumstances which led. up to it, 
and into the motives under the influence of which it was 



, 



THE ACQUISITION OF LOUISIANA. 69 

accomplished. Possibly as we do so we may be conscious 
of a doubt whether those who were concerned in it were 
aware at the time of the great part they were playing in 
the history of the world. 

And first, a word regarding the situation. 

Settlers in considerable numbers had crossed the mourir 
tains into Kentucky and Tennessee while the war of Inde- 
pendence was in progress. With most of them a love of 
adventure rather than the prospect of gain was the motive ; 
t for the woods were full of hostile Indians, and at Detroit 

the British Commandant Hamilton, with subordinates at 
Vincennes and Kaskaskia, was vigilant and relentless in 
directing the savage warfare against the settlements and 
keeping them in constant alarm. But the country was of 
such wonderful fertility as to make it quite worth the nec- 
essary struggle ; and settlement not only went on while 
the war continued, but the settlers were enabled to make 
their hostile measures against their British adversaries so 
effective that when peace came the whole valley of the 
Ohio was in their hands, and settlement in it was going 
on with constantly increasing rapidity. 

At once it became a question of vital importance how 
these people were to find avenues of commerce with the 
outer world. There was no natural highway to the east 
until the Potomac or the lakes should be reached, and the 
profitable transportation of agricultural or forest products 
to market by land was entirely out of the question. The 
difficulty was so obvious and apparently so insurmounta- 
ble that the people of the eastern states very generally as- 
sumed that the great interior must necessarily be settled 
slowly, and that a generation or more must pass away be- 
fore its commerce could be of considerable importance. 
It was also a prevalent notion that the spread of popula- 
tion over so vast a region would in itself constitute a se- 
vere and perhaps fatal test of republican institutions. His- 



TTTSTT'-' • ' - . . 



70 THE ACQUISITION OF LOUISIANA. 

tory it was said did not warrant the belief that popular 
government could exist for any considerable period except 
in cities and small districts of territory ; and when Fisher 
Ames said, in 1791, "Ages must elapse before our western 
wilderness will be peopled, and God alone knows how it 
can be governed, " he gave expression to ideas which- 
were common in political circles the world over. There 
were, nevertheless, some far-sighted men who read the 
immediate future more accurately, and who had a faith in 
the strength and vigor of republican institutions which was 
not circumscribed within narrow limits, nor disturbed by 
the lack of historical precedents. Among the most confi- 
dent of these was Washington, who had from the fii*st ap- 
preciated the value of the West to the Union, and who 
immediately on the successful termination of the Revolu- 
tionary war had addressed his thoughts to the subject of a 
highway for immigration and commerce by means of arti- 
ficial water communication connecting the Potomac and 
the Ohio. But his attention was soon drawn away to pub- 
lic matters of more immediate interest, and the projected 
canal was postponed. 

Immigration to the interior must cross the mountains ; 
but the natural highway for commerce was the Mississippi 
river. If the use of this river were left free, nothing better 
could be desired. Unfortunately it was not free. The east 
bank of the river as far south as the north boundary of 
Florida was the property of the United States, but the west 
bank, together with the island of Orleans, was held by 
Spain. That power, while conceding to the people of the 
United States the free navigation of the Mississippi as 
far down as the American ownership of the left bank 
extended, claimed exclusive jurisdiction below that line, 
and proposed to exact customs duties from such American 
commerce as should pass in or out of the mouth of the 
river. 



I 



THE ACQUISITION OF LOUISIANA. 71 

This pretension, if yielded to, would place all that com- 
merce at the mercy of Spain, and render not merely the 
navigation of the river of little value, but the very 
land from which the commerce sprung. It was incon- 
ceivable that such pretensions should be tolerated if suc- 
cessful resistance were possible, but the settlers were 
able to combat it on two grounds, either of which seemed, 
according to recognized rules of international law, con- 
clusive. 

First. As citizens of the country owning one of the 
banks on the upper portion of the stream, they claimed 
the free navigation to the sea, with the privilege of a land- 
ing place at its mouth as a natural right ; and they were 
able to fortify this claim — if it needed support — with the 
opinions of publicists of acknowledged authority. 

Second. They claimed under the treaty of 1763, be- 
tween Great Britain and France, whereby the latter, then 
the owner of Louisiana, had conceded to the former the 
free navigation of the Mississippi in its whole breadth and 
length, with passage in and out of its mouth, subject to 
the payment of no duty whatsoever. Whatsoever rights 
Great Britain secured by this treaty were secured for the 
advantage of the people who were to enjoy them, and 
must, therefore, have passed with the transfer of dominion 
to the United States ; and whatsoever servitude the Spanish 
part of the river was subject to when held by France, it 
must be subject to in the hands of the nation to which 
France had transferred its jurisdiction. 

Thus both in natural right and by treaty concession the 
claim of the American settlers seemed incontrovertible, 
and perhaps it may fairly be said that the whole country 
agreed in this view. When Mr. Jay, while the war of In- 
dependence was still in progress, was sent to Spain to 
negotiate a treaty of amity and assistance, he was spe- 
cially charged with the duty to see that the free navigation 



72 THE ACQUISITION OF LOUISIANA. 

of the Mississippi was conceded. All his endeavors to 
that end, however, resulted in failure, and he was com- 
pelled to return home with the American claim still dis- 
puted. In 1785 the negotiation was transferred to this 
country, and Mr. Jay renewed his effort to obtain conces- 
sions, but without avail. The tenacity with which Spain r 
held to its claim w r as so persistent that Congress, in its 
anxiety to obtain a treaty of commerce, finally instructed 
Mr. Jay, on its behalf, to consent that for twenty-five years 
the United States should forbear to claim the right in dis- 
pute. The instruction was given by the vote of the seven 
Northern States against a united South ; and the action 
was so distinctly sectional as to threaten the stability of 
the Union* The southern people were with some reason ex- 
cited and angry ; and the charge was freely made that the 
North, to secure to itself commercial advantages, had 
ungenerously and unfairly sacrificed the interests of the 
South and West. There was enough in the circumstances, 
to make the charge seem altogether plausible ; and threats 
that the dissatisfied people would take redress into their 
own hands, regardless of treaty stipulations, were freely 
indulged in. 

In the West the feeling of dissatisfaction was most in- 
tense and uncompromising. The settlers of Kentucky al- 
ready deemed themselves sufficiently numerous and pow- 
erful to be entitled to set up a state government of their 
own, and to have a voice in the councils of the Confedera- 
tion. It seemed to them, therefore, an insult as well as an 
injury when their right to the use of their great national 
highway was thus, and as they believed, on selfish 
grounds, put aside without so much as consulting their 
wishes or their interests. To waive their right was to ■ 
check their prosperity; for their lands without it were of 
little value, and accumulations as a result of their labors 
and privations would be entirely out of the question. 



------ ~~ 1 



THE ACQUISITION OF LOUISIANA. 73 

From that time, therefore, the movement for a state gov- 
ernment was accompanied and strengthened by a feeling 
that the settlers beyond the mountains were treated with 
neglect and contempt by the dominant majority in the 
Confederacy ; so that the influences which drew the set- 
tlers together in sentiment, drew them at the same tiirre 
away from the Union. 

In Tennessee, as well as in Kentucky, settlements had 
been going on rapidly ; and perhaps in the former even 
more distinctly than in the latter a growing indifference to 
the national bond was manifest. Serious complaint, had 
been made by the settlers when North Carolina ceded its 
western lands to the United States ; and in 1784 their dis- 
satisfaction rose to a height that impelled them to revolu- 
tion. The authority of the parent state was repudiated, 
and the settlers organized a state of their own which they 
called Franklin, and proceeded to give it officers and en- 
force their jurisdiction. The likelihood of civil war was 
for a time threatening ; but this strange episode of a revo- 
lutionary state peacefully performing its functions was fi- 
nally after four years' tolerance brought to an end, and 
the state dismantled, through wise measures of concilia- 
tion on the part of the North Carolina authorities. But 
the feeling of dissatisfaction with Spanish pretensions re- 
mained and continued to grow in intensity ; and one of 
the difficult questions which confronted the new govern- 
ment, formed under the Federal Constitution, was how to 
deal with this feeling and control or remove it. Spanish 
levies on American commerce were in some cases almost 
prohibitory, reaching fifty or seventy-five per cent, ad 
valorem and it was quite out of the question that hardy 
backwoodsmen trained to arms should for any consider- 
able time submit to pay them. If the national government 
failed to secure their rights by diplomacy, they would seek 
redress in such other way as might be open to them. 



" 



1 



74 THE ACQUISITION OF LOUISIANA. 

Five different methods of redress suggested themselves 
to different minds ; and Mr. Martin, the historian of 
Louisiana, assures us that parties were to be found in the 
West who advocated each of them. 

i. The West might declare its separation from the 
Union and the establishment of an independent republic, - 
which would secure protection, and at the same time ob- 
tain its rights in the Mississippi, by entering into a treaty 
of alliance and commerce with Spain. 

2. The country might, with the consent of its people, 
be annexed to the province of Louisiana, and Spanish 
laws and institutions accepted as a lesser evil than Federal 
neglect with existing Spanish oppressions. 

3. War might be made upon Spain, and New Orleans 
and West Florida seized and held by the settlers regard- 
less of Federal authority. 

4. Congress might by active and forcible measures com- 
pel Spain to yield the privileges and rights which had 
been refused to negotiation. 

5. The settlers might place themselves under the pro- 
tection of France ; soliciting her to procure a retrocession 
of Louisiana, and to extend her protection over Kentucky 
and the Cumberland settlements. 

But while all these various remedies suggested them- 
selves to the minds of the people, it can be safely assumed 
that a prevailing sentiment existed in favor of the existing 
connection with the Union, and that redress at the hands 
of France or Spain was looked to only in the contingency 
that any other was found to be impracticable. . 

Among the most prominent of the Kentucky settlers was 
General James Wilkinson, who had gone there as a mer- 
chant in 1784. He was shortly found advocating, though 
somewhat covertly, the setting up of an independent state 
government. In 1787 he opened trade with New Orleans, 
and endeavored to impress upon the Spanish authorities 



•%-»«"**>^ 



THE ACQUISITION OF LOUISIANA. 75 

the importance of an amicable understanding with the set- 
tlers in the Ohio valley. His representations for a time 
had considerable effect, and the trade was not only re- 
lieved of oppressive burdens, but Americans were invited 
to make settlements within Spanish limits in Louisiana 
and West Florida. A considerable settlement was actu- 
ally made at New Madrid under this invitation. But there 
is no reason to believe that genuine good feeling inspired 
this policy ; the purpose plainly in view was to build up a 
Spanish party among the American settlers and eventual- 
ly to detach them from the United States. But the course 
pursued was variable, being characterized in turn by lib- 
erality and. by rigor. Wilkinson appears to have been 
allowed special privileges in trade, and this, together with 
the fact that he was known to receive a heavy remittance 
from New Orleans, begat a suspicion that he was under 
Spanish pay ; a suspicion from which he was never wholly 
relieved, and which probably to some extent affected the 
judgments of men when he came under further suspicion 
in consequence of equivocal relations with Aaron Burr. 
In 1789 a British emissary made his appearance in Ken- 
tucky, whose mission seemed to be to sound the senti- 
ments of the people respecting union with Canada. He 
came at a bad time for his purposes ; for the feeling of the 
country against Great Britain was then at its height, and 
was particularly strong in the West, where the failure to 
deliver up the posts within American limits was known to 
have been influential in encouraging Indian hostilities. 
The British agent, therefore, met with anything but friend- 
ly reception, and found it for his interest to maintain se- 
crecy as far as possible, and to take speedy departure. 
But the Spanish authorities continued their intrigues, and 
in 1795, Thomas Powers, an Englishman who had become 
a Spanish subject, and Don Manuel Gayoso, a brigadier- 
general in the armies of Spain, and then holding the office 



76 THE ACQUISITION OF LOU [SI ANA. 

of Governor of Natchez, were sent on a secret mission to 
the disaffected settlers. What was done by them was 
carefully veiled in secrecy, but there is reason to believe 
that men in high position were ready to listen to their ad- 
vances. But the putting down of what is known as the 
Whisky Insurrection in western Pennsylvania and the final 
defeat of the Indians by General Wayne had greatly 
strengthened the national sentiment and made treasonable 
plans proportionately more dangerous ; so that this mission 
also had no result. Meantime Spain had become so far 
complicated in European wars as to be solicitous regard- 
ing the preservation of her own American possessions, 
then bordered by a hostile people, and at her suggestion 
an envoy was sent by the United States to Madrid, with 
whom, in October, 1795, a treaty was made whereby, 
among other things, it was agreed that Spain should per- 
mit the people of the United States, for the term of three 
years, to make use of the port of New Orleans as a place 
of deposit for their produce and merchandise, and to ex- 
port the same free from all duty or charge except for stor- 
age and incidental expenses. At the end of the three 
years the treaty contemplated further negotiations, and it 
was hoped by the American authorities that a decisive 
step had been taken towards the complete recognition of 
American claims. 

The treaty, however, was far from satisfying the people 
of Kentucky and Tennessee, who looked upon the assent 
of Spain to it as a mere makeshift for the protection of her 
territory from invasion Projects for taking forcible pos- 
session of the mouth of the Mississippi continued, there- 
fore, to be agitated. In 1798, after the admission of Ten- 
nessee to the Union, William Blount, one of its senators, 
was expelled from the senate on the charge of conspiring 
to set on foot an expedition against the Spanish-American 
possessions, but his punishment only made him more pop- 



Bjpi j W^^jPW, « ■* * ** *, 



THE ACQUISITION OF LOUISIANA. 77 

ular than ever in his own state, and he was likely to be 
chosen governor as a mark of their approval had not his 
death occurred before the time of election. 

It is evident that this state of affairs continually boded 
mischief, and the difficulty of preserving friendly relations 
with Spain was greatly increased by the existence of Euro- 
pean wars in which that power was involved. 

The schemes of Don Francisco de Miranda for the over- 
throw of Spanish authority in America now became im- 
portant. Miranda was of Spanish-American birth, and 
had been in the United States while the war of Independ- 
ence was pending and formed acquaintance among the 
American officers. Conceiving the idea of liberating the 
Spanish colonies, he sought assistance from England and 
Russia, but when the French Revolution occurred he en- 
listed in the French service and for a time held important 
military positions. Driven from France in 1797 he took 
up his old scheme again, looking now to England and 
America for the necessary assistance. Several leading 
American statesmen were approached on the subject, 
Hamilton among them ; and while the relations between 
France and the United States seemed likely to result in 
war, that great man, who had no fear of evils to result 
from the extension of territory, listened with approval to 
the project of a combined attack by British and American 
torces on the Spanish Colonies, and would have been will- 
ing, with the approval of the government, to personally 
take part in it. President Adams, however, frowned 
upon the scheme, and it was necessarily, but with great 
reluctance, abandoned. 

And now occurred an event of highest interest to the 
people of the United States. Spain, aware of her pre- 
carious hold upon Louisiana, in 1800 retroceded it to 
France. The country thus passed from a weak nation to 
a strong one ; from a people to whose enmity Americans 



,pr*rr*™rTr-^^:-«"-r";~ " • - . 



.„*»-*- r - " •- "■ 



>j8 THE ACQUISITION OF LOUISIANA. 

would be comparatively indifferent, to another that in our 
extremity had been our friend and ally, and with whom 
we had just been arranging unpleasant controversies, and 
would not willingly have new difficulties opened. Mr. 
Jefferson was deeply stirred when he learned of it and 
foreboded only evil from France possessing itself of the 
mouth of the Mississippi. He immediately addressed a 
letter to Mr. Livingston, the American minister at Paris, 
in which in strong terms he expressed his anxiety. The 
retrocession, he said, "completely reverses all the political 
relations of the United States, and will form a new epoch 
in our political course." "France," he went on to say, 
"we have ever looked to as our natural friend ; as one 
with which we could never have an occasion of difference. ■? 
But France, placing herself at the door of our interior 
commerce, "assumes to us the attitude of defiance. Spain 
might have retained it quietly for years. Her pacific dis- 
position, her feeble state, would induce her to increase our 
facilities there, so that her possession of the place would 
be hardly felt by us, and it would not, perhaps, be very 
long before some circumstance might arise which might 
make the cession of it to us the price of something of 
more worth to her. Not so can it ever be in the hands 
of France ; the impetuosity of her temper, the energy 
and restlessness of her character, placed in a point of 
eternal friction with us, and our character, which, though 
quiet and loving peace and the pursuit of wealth, is high- 
minded, despising wealth in competition with insult and 
injury, enterprising and energetic as any nation on earth ; 
these circumstances render it impossible that France and 
the United States can long continue friends when they 
meet in so irritable a position." The consequence which 
he foresaw was the forcing of America into the arms 
of Britain. "This is not a state of things," he said, 
"we seek or desire. It is one which this measure, if 






THE ACQUISITION OF LOUISIANA. 79 

adopted by France, forces on us, necessarily as any 
other course, by the laws of nature, brings on its nec- 
essary result." In this change of friends America will 
be compelled to embark in the first war of Europe, and 
"in that case France will have held possession of New 
Orleans during the interval of a peace, long or short, at 
the end of which it would be wrested from her." 

It is plain from this letter that Jefferson believed an 
emergency had arisen which made the acquisition of Lou- 
isiana by the United States imperative. The country in 
the hands of France made that power our continual an- 
tagonist, and almost certain enemy. Our oldest friend 
and ally would thus be lost to us, though her interests in 
other respects were such as ought to insure the most use- 
ful relations and the most amicable intercourse. But while 
losing France we should at the same time be thrown into the 
arms of our old enemy England, our natural, most persist- 
ent and unscrupulous competitor in the markets of the world. 
England it might be assumed would not hesitate to take any 
possible advantage of the situation which would benefit her- 
self, and the political independence, which with so much 
expense of life and treasure had been secured, would un- 
der such circumstances fail to establish the commercial in- 
dependence which was necessary to make it of much 
value. And it is not unlikely that Mr. Jefferson contem- 
plated the contingency that the West, irritated by the fail- 
ure of the general government to give full protection to a 
natural right of transcendent importance, as was the navi- 
gation of the Mississippi, might undertake to throw off its 
allegiance, and either to set up a government of its own, or 
to become a dependency of France or England. The 
probability of such an attempt was not so great as it had 
been a few years before, but it was certain that while the 
mouth of the Mississippi was thus held by a strong and 
aggressive power, the possession must constitute to some 







80 THE ACQUISITION OF LOUISIANA. 

extent a menace to American unity as it did also to Amer- 
ican commercial independence. 

Mr. Jefferson with his partiality for France could be ex- 
pected to give no countenance to any scheme for the ac- 
quisition of Louisiana that was not amicable, or that did 
not contemplate fair compensation. But a difficulty here 
presented itself to his mind which at first blush would ap- 
pear insurmountable. The Constitution, which was the 
measure of national powers, did not in terms confer upon 
the Federal Government the power to acquire foreign ter- 
ritory. It gave to Congress the power to make regulations 
for the territory and other property of the United States, 
but the territory intended was evidently that which then 
belonged to the Union. It also contemplated the admis- 
sion of new States to the Union ; but this also had in view 
the territory then possessed by the United States and the 
possible division of it into new states. These provisions 
had therefore abundant subject-matter on which to operate 
without locking to an enlargement of the bounds of the 
Union, and nothing in the debates of the Constitutional 
Convention indicated an expectation on the part of its 
members that any such enlargement would take place. 
Mr. Jefferson belonged to the school of strict construction, 
and was in fact its leader and apostle. He had found 
himself in opposition to the administration of Washington 
on some very important measures whose constitutionality 
was only to be sustained on an assumption of implied 
powers, and by the defeat of Mr. Adams he had been 
elevated to the presidency as the exponent of the anti- 
federal views. But under a construction of the Constitu- 
tion as strict as he had been insisting upon, it was plain 
that the government would have no power to acquire for- 
eign territory by purchase, and that any attempt in that 
direction would be usurpation. 

The case presented then was one in which something 



,„., -..„. , ... - T - -„ . - 



THE ACQUISITION OF LOUISIANA. 8 1 

important to the peace and welfare, perhaps to the very 
perpetuation, of the Union, could not be accomplished 
under the Constitution because the necessary power had 
not been conferred upon the general government for the 
purpose. To give the necessary authority an amendment 
of the Constitution would be essential, and amendment 
would be a slow process which might not be accomplished 
in time to meet the emergency. The case would be com- 
plicated by the fact that if the territory was acquired a 
considerable population would be brought into the Union, 
and thus made citizens by a process of naturalization not 
contemplated by the Constitution. Mr. Madison, the Sec- 
retary of State, agreed with the President in his views. To 
use Mr. Jefferson's words, "The Constitution has made no 
provision for our hoi ding foreign territory; still less for incor- 
porating foreign nations into our Union." But under cir- 
cumstances so imperative he thought the political depart- 
ments of the government should meet the emergency by 
consummating the purchase, and "then appeal to the nation 
for an additional article in the Constitution approving and 
confirming an act which the nation had not previously au- 
thorized." He did not conceal from himself, however, 
that in so doing ground would be occupied which it would 
be difficult to defend, and he proceeds to say: "The less 
that is said about any constitutional difficulty the better. 
Congress should do what is necessary in silence. I find 
but one opinion as to the necessity of shutting up the Con- 
stitution for some time.'* Mr. John Quincy Adams held 
similar views, and, as he says in his diary, "urged the 
necessity of removing as speedily as possible all ques- 
tion on the subject." This could only be done in the 
mode proposed by Mr. Jefferson ; that is to say, by 
amendment 

But it is difficult to conceive of any doctrine more dan- 
gerous or more distinctly antagonistic to the fundamental 






82 . THE ACQUISITION OF LOUISIANA. 

ideas of the American Union than the doctrine that the 
Constitution may be "shut up" for a time in order that the 
government may accomplish something not warranted by 
it. The political immorality was obvious and glaring ; 
more so in the case of the apostle of strict construction 
than it could have been if advanced by any other states- 
man of the day. But by whomsoever advanced, it was 
intrinsically demoralizing, for it suggested to the public 
mind that officers deriving all their authority from the Con- 
stitution might at pleasure set it aside whenever a support- 
ing majority of the people was obtainable. This was to 
put the temporary majority above the Constitution ; to de- 
prive that instrument of all restraining and conservative 
force ; to make the official oath to support the Constitution 
a meaningless formality ; and to deprive the fundamental 
law in the popular as well as the official mind of all sense 
of sanctity. In a monarchy, the "divinity that doth hedge 
a king" will commonly support his throne with an active 
and reverent sentiment of loyalty. In a republican gov- 
ernment a corresponding sentiment must concentrate upon 
the Constitution as the true representative of sovereignty, 
which, because it is such representative, is to be with un- 
hesitating and patriotic regard held sacred and inviolable. 
Such a sentiment when it exists is a vital force of great 
and saving power in the government ; but it can grow 
up only when the Constitution is habitually observed, 
and when it is seen to restrain the governing majority as 
it does those who for the time constitute the smaller and 
weaker party. Mr. Jefferson, therefore, struck a danger- 
ous blow at the foundation principles of the government, 
and offered to demagogues who should come after him a 
corrupting and dangerous precedent, when he proposed 
to violate the Constitution in order to accomplish an object 
of immediate desire. And it was quite immaterial that the 
object to be accomplished appeared to be of great im- 



Pr 



THE ACQUISITION OF LOUISIANA. $$ 

portance and urgency ; party measures commonly appear 
such to party leaders, and the plea is one that can always 
be advanced and will be found as available in one case as 
in another if popular support can be gained for it. • 

But Mr. Jefferson's political mistake was scarcely greater 
than that committed by his opponents : and indeed from a 
party standpoint it was no mistake whatsoever, but a bold 
measure of wise policy. He rightly judged that the pur- 
chase would meet with popular approval and would 
strengthen his administration and his party. If this proved 
to be the case the political wrong would be condoned by 
the popular voice even though it would stand as a danger- 
ous precedent. But the purchase, according to the Fed- 
eral view of the Constitution, was perfectly legitimate. 
That instrument had given to the Federal Government 
complete control of the foreign relations of the states, and 
vested it with the powers of sovereignty in respect to them 
as completely as they were possessed by any other power 
on the globe. If, therefore* any other power might ac- 
quire territory by purchase or otherwise, the United States 
must possess the competency to do so. This, according 
to the Federal construction of the Constitution was clear 
and unquestionable. If the express authority were not 
given, the power was nevertheless to be implied from the 
complete grant of sovereignty in respect to the general 
subject: otherwise, as the states were deprived by the 
Constitution of all participation in diplomatic intercourse, 
the extraordinary spectacle would be exhibited of a great 
nation so hampered and tied up by its internal regulations 
that in no emergency, however great or imperative, could 
it deal with another for the acquisition of territory ; for a 
spot even for a fortress, or a light-house, or for an indis- 
pensable passage way. This was at war with the doctrine 
which the Federalists had advocated from the first. Ac- 
cording to their construction of the Constitution the gov- 



84 THE A CQ UISITIOX OF LOUISIANA . 

ernment had been invested by it with complete powers of 
sovereignty over all the subjects entrusted to it, except as 
express restrictions were imposed. A Federalist, there- 
fore, might very well regard with satisfaction the purchase 
of Louisiana, since it could only be lawfully made in rec- 
ognition of the federal doctrine of implied national pow- 
ers. He might also be pleased with it because it must 
tend greatly to strengthen the national authority, which 
had been an important object of federal policy from the 
time the government was organized. Mr. Gouverneur 
Morris, one of the most consistent and able of the Feder- 
alist leaders, saw this very plainly, and gave strong ap- 
proval to the purchase. Hamilton saw it with equal dis- 
tinctness. He had never had any fears of evils to spring 
from territorial expansion, and he had little patience with 
the disposition the Federalist now exhibited to fall back on 
a strict construction of the Constitution and embarrass the 
Government with scruples as to power. "It will never 
do," he said, "to carry the morals of a monk into the cab- 
inet of a statesman." No doubt he agreed in the view ex- 
pressed by John Quincy Adams a little later, that the pur- 
chase was "an assumption of implied powers greater in 
itself, and more comprehensive in its consequences, than 
all the assumptions of implied powers in the twelve years 
of the Washington and Adams administrations put to- 
gether." But this was of no moment if the act was wise 
in itself and warranted by the Constitution, and of the wis- 
dom of the acquisition he took the same broad and enlight- 
ened view which was expressed by Franklin to Jay in 
1794, when in answer to a suggestion that we should con- 
cede to Spain its claims, he said : "I would rather agree 
with the Spaniards to buy at a great price the whole of 
their right on the Mississippi, than sell a drop of its wa- 
ters. A neighbor might as well ask me to sell my street 
door." 



~ ; • ' 



THE ACQUISITION OF LOUISIANA. 85 

The purchase was accomplished with popular approval. 
La Fayette justly called it a "blessed arrangement for 
Louisiana,'* and wrote to Edward Livingston, brother to 
the minister: "With all my heart I rejoice with you on 
this great negotiation." But the Federalists in general 
took narrow and partisan views, and in order to embarrass- 
the administration resorted to quibbles which were alto- 
gether unworthy the party which had boasted of Washing- 
ton as its chief, and Hamilton as the exponent of its doc- 
trines. First, they questioned the validity of the title 
which France assumed to convey, and which they claimed 
was hampered by conditions in the Spanish transfer ; an 
objection which properly belonged to Spain herself to 
raise if it had any force. Second, they objected that in 
the purchase it was agreed that the inhabitants of the ac- 
quired territory should be clothed with the rights of citi- 
zenship, whereas the .Constitution vested the power to nat- 
uralize exclusively in Congress. But if the power to acr 
quire the territory existed this objection was without merit, 
since the power to confer citizenship upon the people must 
be incidental. Third, they complained that the acquisi- 
tion added greatly to the presidential patronage ; the last 
objection that a Federalist, anxious to strengthen the na- 
tional authority, could consistently raise. And besides 
other objections which were mere cavils, they claimed 
that the boundaries of Louisiana were wholly uncertain 
and undefined, so that it was impossible to say what we 
had purchased. This last objection was based in fact. No 
one could say what was the southwest boundary of the 
territory acquired ; whether it should be the Sabine or the 
Rio del Norte ; and a controversy with Spain on the sub- 
ject might at any time arise. The northwest boundary 
was also somewhat vague and uncertain, and would be 
open to controversy with Great Britain. That the territory 
extended west to the Rocky Mountains was not questioned, 



. .... ,.,,,... ..... 



86 THE ACQUISITION OF LOUISIANA. 

but it might be claimed that it extended to the Pacific. 
An impression that it did so extend has since prevailed in 
some quarters, and in some public papers and documents 
it has been assumed as an undoubted fact. But neither 
Mr. Jefferson nor the French, whose right he purchased, 
ever claimed for Louisiana any such extent and our title 
to Oregon has been safely deduced from other sources. 
Mr. Jefferson said expressly, "To the waters of the Pa- 
cific, we can found no claim in right of Louisiana." 

But the Federal leaders did not stop at cavils ; they in- 
sisted that the unconstitutional extension of territory was 
in effect a dissolution of the Union, so that they were at 
liberty to contemplate and plan for a final disruption. Mr. 
Timothy Pickering, Mr. Roger Griswold and Mr. Josiah 
Quincy were particularly outspoken in this regard. They 
saw in this vast acquisition of western territory the. final 
overthrow of the Federal party, the triumph of demo- 
cratic ideas, the destruction of the conservative influence 
of New England in the nation, and the impoverishment of 
their section by the transfer of population and enterprise 
to the west and south. But their fears were as extrava- 
gant as their policy was shortsighted and suicidal. Even 
in their own section of the Union their bitter complaints 
fell on deaf ears, and the blows they aimed at Mr. Jeffer- 
son, while failing to harm him, from their very violence 
recoiled destructively upon the party they assumed to 
lead. Mr. Jefferson, as President, it is plain to be seen 
now, committed some serious mistakes, but none of them 
so great, in a party point of view, as the mistake of the 
Federalists in opposing the acquisition of Louisiana. That 
party, though still, for a time, possessing considerable 
vitality, was never again able to make hopeful contest for 
the government of the country. From 1800 to 1814 its 
partyism was stronger than its patriotism, and it justly 
suffered the penalty. 






THE ACQUISITION OF LOUISIANA. 87 

Briefly now, we direct attention to such subsequent 
events of importance as connect themselves directly with 
the Louisiana purchase. 

1. When the purchase was accomplished the parties 
concerned in it troubled themselves no more with scruples 
respecting the want of constitutional power. The pur- 
chase was a finality, and if made without authority, it was 
nevertheless made and could not be unmade. A consti- 
tutional amendment might affirm it, but it needed no 
affirmation for its protection, and the only advantage in 
having one would be to quiet doubts and remove scruples. 
But when the Federalists came to make profession of 
scruples, Mr. Jefferson and his friends, from party antago- 
nism, found their own scruples growing weaker, and very 
soon ceasing to trouble them. The more vigorously the 
Federalists cried out against the violation of the Constitu- 
tion, the more complaisant the Republicans became, and 
the less disposed to question the original justification. The 
annexation of the territory was therefore accepted as a 
legitimate exercise of constitutional authority, and it set- 
tled for all time the question of power. It established a 
precedent which was certain to be followed whenever oc- 
casion should invite it, and it would be vain to contend 
that the Constitution did not sanction what had thus with 
public approval been so successfully accomplished. 

2. The purchase also tended to strengthen very greatly 
the federal power. This was not merely because it created 
new offices and demanded considerable expenditure of 
public moneys, but also because it constituted an exercise 
of implied powers, most important in their nature, by the 
party that up to that time had contended against them. It 
was vain afterwards, for that party or any other, to con- 
tend that the federal government must limit itself to the 
powers expressly granted. 

In theory there might still be a party of strict construe- 



rr— --- 



88 THE ACQUISITION OF LOUISIANA. 

tion, but it was certain that theory would easily yield 
to policy, when circumstances appeared to justify it, and 
it has repeatedly yielded from time to time, from that day 
to this. 

But though the method of settlement of a constitutional 
question, by exercising a power which the actors asserted 
had no constitutional basis, was of itself indefensible, the 
settlement actually made was just and right. Mr. Jeffer- 
son's scruples on the subject were wholly unwarranted. 
It was not the intention in forming the Constitution that 
the government of the Union, in dealing with interna- 
tional questions, should have any less than the same com- 
plete authority which is possessed by other independent 
governments, or that it should be precluded under any 
circumstances from recognizing and acting upon such mo- 
tives of necessity and of supreme policy, as maybe recog- 
nized and acted upon by others. In fact, the President's 
scruples were born of party contention ; and we may well 
believe that reflection brought to his mind a conviction of 
their baseless nature. 

3. But this practical settlement of the question of con- 
stitutional power did not heal the wound the Constitution 
received when the chief officer holding office under it ad- 
vised the temporary putting it aside, and secured the ap- 
proval of his advice by a numerical majority of the peo- 
ple. 

It is immaterial that as we look back upon his work we 
can see that what he did was not ultra vires; the poison 
was in the doctrine which took from the Constitution all 
sacredness, and made subject to the will and caprice of 
the hour that which, in the intent of the founders, was 
above parties, and majorities and presidents, and con- 
gresses, and was meant to hold them all in close subordi- 
nation. After that time the proposal to #xercise unwar- 
ranted powers on a plea of necessity might be safely ad- 



flj^^^^^m^fr r* ^ ^'" " '"'^ ■- 7™— "r— - 



THE ACQUISITION OF LOUISIANA. 89 

vanced without exciting the detestation it deserved ; and 
the sentiment of loyalty to the Constitution was so far 
weakened that it easily gave way under the pressure of 
political expediency. Very few persons when rebellion 
broke out were restrained from engaging in it by rever- 
ence for the Constitution , and on the part of the Union, so 
long as hostilities lasted, usurpations, by military and civil 
officers, were popularly justified by the strange paradox 
that it is right to violate the Constitution when the purpose 
is to save it. There is something specious about such a 
doctrine, but the liberty it allows might satisfy the most 
reckless fanatic or anarchist ; for it gives unbridled license, 
and leaves every man to judge for himself of the times and 
occasions when he will elevate his own discretion above 
that great charter of national unity, which, if sacredly pre- 
served and defended, will make the freest government in 
the world the strongest and most conservative. 

4. The acquisition of Louisiana gave occasion for such 
contests over the institution of slavery as at several pe- 
riods brought the Union to the verge of disruption, and at 
last led to civil war. From the first there was a party 
which contended that Louisiana was bought to give room 
for an extension of slavery, or, that if that was not the 
motive, the purchase gave the opportunity for such exten- 
sion, and for a predominating influence of the South and 
West in the Union. The admission of new states formed 
from the purchase was therefore contested on the ground 
that the original acquisition, being unwarranted by the 
Constitution, the territory could not be considered the 
property of the United States for the purpose of forming 
new states from it. The Hartford Convention, which met 
in the most gloomy period of the last war with Great 
Britain, made the admission of new states in the West one 
of its grounds of complaint against the general govern- 
ment, an absurd complaint if the purchase of Louisiana 



-. . . 



90 THE ACQUISITION OF LOUISIANA. 

was justifiable. But the more serious contention arose 
when the State of Missouri applied for admission to the 
Union, with a constitution framed to perpetuate slavery. 
The alarm which this created was aptly compared to a fire 
bell in the night-time, which, while announcing a real ter- 
rdr, excites the imagination with others which are un- 
known and indefinite, and for that very reason more fear- 
ful. The great compromise effected under the leadership 
of Mr. Clay quieted the alarm for the time, but it did so at 
the cost of a line of distinct demarkation between free and 
slave territory in the Great West ; a line which constituted 
a perpetual reminder of antagonistic interests and for that 
reason was in it itself a standing menace to unity. The 
sentiment of patriotism henceforward gradually took on. 
something of a sectional character, and public measures 
were advocated, or antagonized, according as it was sup- 
posed that in the end they would strengthen or weaken a 
section. 

To follow in detail the successive events which were al- 
luded to in the early part of this paper would be to rehearse 
a story already so often told as to have become somewhat 
monotonous and tiresome. The acquisition of Texas ; the 
war with Mexico ; the unexpected results of that war in 
strengthening the free rather than the slave-holding sec- 
tion of the Union ; the advancement of the doctrine of 
squatter sovereignty, or, as Governor Wise of Virginia 
aptly phrased it, of what squatter with arms in his hands 
shall be sovereign ; the compromise of 1850 entered into 
to save a Union then in imminent peril of disruption ; the 
extra-judicial declaration of the Federal Supreme Court 
that Congress is without power to legislate against slavery 
in the territories; the quasi civil war in Kansas, which 
prepared the way for the mighty struggle of which the 
gage was national life ; the great revolution in the preva- 
lent 'system of labor in half the Union : these were everts 



■ "' 



THE ACQUISITION OF LOUISIANA. 



9 1 



the story of which will be told and retold " to the last syl- 
lable of recorded time ;" but we shall not dwell upon them 
here, for the bitter controversies which attended still ran- 
kle in many minds, and we gladly turn away from them 
to contemplate with patriotic satisfaction a Union of mighty 
states purified and perfected in the great tribulation which 
made the people homogeneous. 

We have said that the Ordinance of 1787 was the begin- 
ning of the end of American slavery. In the great North- 
west was then witnessed the first triumph over that mighty 
institution recognized at the time alike by Christians, Mo- 
hammedans and heathen; and which inside the union of 
states antagonized their fundamental principles. We 
stand here on historic ground. We do not forget that 
there were slaves held here as well as elsewhere in the 
country ; slaves under the provisions of the treaty with 
France, whereby Canada was surrendered, and also un- 
der the treaties between the United States and Great Brit- 
ain ; but the people of Indiana and of the country at large 
can never be too grateful that when in their days of pio- 
neer hardship the early settlers asked relief from the pro- 
hibition of bond service, a patriotic Congress denied the 
request, and held firmly to the original compact. If ever 
that extraordinary character, John Randolph, exhibited 
qualities of true statesmanship, it was when, resisting all 
solicitations, and all sectional and local influences, he re- 
fused to be a party to the suspension of the Ordinance of 
17^7 an d declared it " highly dangerous and inexpedient 
to impair a provision wisely calculated to promote the hap- 
piness and prosperity of the Northwestern country, and to 
give strength and security to that extensive frontier. " It 
was well said by him in addition that " in the salutary op- 
eration of this sagacious and benevolent restraint it is be- 
lieved that the inhabitants of Indiana will at no very dis- 
tant day find ample remuneration for a temporary priva- 



....... ... 



92 THE ACQUISITION OF LOUISIANA. 

tion of labor and emigration." Ample indeed ! What | 
the people asked for was permission to build into the struc- 
ture of the social and civil state an insidious evil that must 
inevitably sap the energies of the people and corrupt the 
morals of society. Randolph forced them to be content 
with a blessing, w r hen in their blindness they would will- 
ingly have bound themselves to a curse. Possibly the ec- 
centric Virginian who, at a later day, denounced in such 
severe and cutting terms the slave trade in the District of 
Columbia may have already perceived the great truth and 
rejoiced in knowing that freedom once securely planted in 
the heart of the country must in time, by inherent energy, 
expand and strengthen and subdue and possess, until from 
ocean to ocean it held in safe embrace the continent. 

Thus briefly have we endeavored to picture the great 
event which so vastly expanded the territory and so pro- 
foundly affected the destiny of the republic. Its benefits 
to the country have been too great and too numerous to be 
placed before the mind by enumeration or estimate. 

In congratulating ourselves upon these we have not 
thought it unwise or impertinent to emphasize the inciden- 
tal evils which may spring from teaching the people that 
the fundamental law may be silenced in supposed emer- 
gencies. If there be any peculiar excellence in the Amer- 
ican constitutional system it must be found in the fact that 
the tendencies as well to usurpation as to license are held 
in close restraint by a law that never ceases to give effect- 
ive command, and upon which we may all repose in trust 
and confidence. If a great political party may excuse the 
overriding of the Constitution for one purpose, a riotous 
mob may do so for another, and at last comes the anarch- 
ist, who, perceiving that others are a law unto themselves, 
boldly repudiates all law, human and divine, and lays 
murderous hands upon society and civilization. It is of 
the essence of freedom that sometimes it shall breed ex- 



. 



$®t!i%pvr*Mr*^^ ~ ' " " j 



THE ACQUISITION OF LOUISIANA. 93 ~<Jif 

cesses ; but if curbed by a sentiment of loyalty to the Con- 
stitution, the excesses will seldom be serious, and we may 
justly expect that the great republic of the new world will 
yet as far surpass all others in solidity and duration as it 
does now in the liberty it insures to its people. But to 
render certain a result so beneficent it is essential that we 
yield to the Constitution no divided allegiance, and that 
however great may seem to be any existing emergency, 
the party or sectional aims that are involved shall be sub- 
dued and subordinated to the higher demands of a broad 
and conservative patriotism. % 



I 

I 

INDIANA HISTORICAL SOCIETY PUBLICATIONS, 
Volume II. Number 4. 



LOUGHERY'S DEFEAT 



AND 



PIGEON ROOST MASSACRE 



WITH INTRODUCTORY SKETCH. 

■ 



BY CHARLES MARTINDALE. 



INDIANAPOLIS : 

THE BOWEN-MERRILL COMPANY, PUBLISHERS. 
1888. 

95- <?£> 



■ ■ 



INTRODUCTION. 



Upon the surrender of Post Vincennes to Colonel George 
Rogers Clark, February 24, 1779, that dauntless warrior 
immediately began planning a campaign for the reduction 
of Detroit. He says : "Detroit opened full in our view. 
In the fort at that place there were not more than eighty 
men — a great part of them invalids — and we were informed 
that many of the principal inhabitants were disaffected to 
the British cause. The Indians on our route we knew 
would now, more than ever, be cool toward the English. 
* * * \y e could now augment our forces in this quarter 
to about four hundred men, as near half the inhabitants of 
Post Vincennes would join us. Kentucky, we supposed, 
could immediately furnish two hundred men, as there was 
a certainty of receiving a great addition of settlers in the 
spring. With our own stores, which we had learned were 
safe on their passage, added to those of the British, 1 there 
would not be a single article wanting for an expedition 
against Detroit. We privately resolved to embrace the 
object that seemed to court our acceptance, without de- 
lay, giving the enemy no time to recover from the blows 
they had received ; but we wished it to become the object 
of the soldiery and the inhabitants before we should say 
anything about it." * * * Early in the month of 



1 Three boat loads of goods and provisions, about $10,000 worth, had 
been captured by a detachment sent up the Wabash river for that pur- 
pose on the day after the surrender. 

(97) 



■ 



^% 



98 LOUGHERY'S DEFEAT 

March 1 laid before the officers my plans for the reduc- 
tion of Detroit, and explained the almost certainty of suc- 
cess, and the probability of keeping possession of it until 
we could receive succor from the States. , * * * In 
short, the enterprise was deferred until the — of June, 
when our troops were to rendezvous at Post Vincennes. ,> - 
But when the appointed time came, the troops sent from 
Virginia under Colonel Montgomery numbered only one 
hundred and fifty, and from Kentucky, instead of three hun- 
dred under Colonel John Bowman, there came but thirty vol- 
unteers under Captain McGary. Added to this, the paper 
money with which the expedition was supplied had so de- 
preciated that it was almost valueless, and the purchase of 
provisions was impossible. For these reasons the cam- 
paign was deferred for the present. 1 

In the spring of 1780, after correspondence with Gov- 
ernor Jefferson, of Virginia, Colonel Clark began to col- 
lect stores and prepare boats at the Ohio falls for the ex- 
pedition against Detroit. 2 Much was hoped for in Virginia 
from the favorable disposition of the Canadians and the 
prestige which the successes of this year in the north and 
south had given to the Americans among the Indians. 3 
In the task of preparation the utmost discouragements 
were met. In the fall of 1780 there was great distress from 
lack of provisions at Fort Jefferson on the Mississippi at 
the mouth of the Ohio, at Kaskaskia and at Vincennes. 
Dishonest practices by agents and officers were wasting 
the resources of the State. Disputes as to authority were 
rife. Respect and confidence in Clark seems about the 
only thing that held the soldiery in anything like disci- 



1 Clark's MS. Memoirs; Dillon's Hist. Ind., Chap. xv. 
* Virginia State Papers, Vol. X, pp. 341-390. 
8 Id. 326. 



gy^F y^ B M - ^ ff vy . wr *?*e~~. I - ' 



' ' 



AND PIGEON ROOST MASSACRE, 99 

pline. 1 The agents of the government were distrusted by 
the people and their drafts on the treasury taken with 
much reluctance. Desertions were constantly going on. 2 
Slow progress was made, and in the meantime the Indians, 
who were held in friendly relations only by liberal pres- 
ents, finding the supplies cut off at the frontier posts and 
being brought over to the interests of the English, began 
to harry the out-lying settlements. In December of 1780 
Governor Jefferson issued an order to the county lieuten- 
ants of the frontier counties of Virginia levying detach- 
ments from the militia to join the expedition at the falls 
of the Ohio. These orders aroused the most stubborn op- 
position from the people of those counties, and protests 
were made from Berkeley and Greenbrier counties, which 
set forth the danger to their inhabitants from Indian in- 
cursions if their militia were further weakened by detach- 
ments. 3 The militia men refused to obey the draft. On 
January 18, 1781, Colonel Clark, writing to the Governor 
of Virginia, says: "I have examined your proposed in- 
structions. I don't recollect of anything more that is nec- 
essary except the mode of paying the expenses of the gar- 
rison at Detroit, in case of success, as supporting our 
credit among strangers may be attended with great and 
good consequences, and my former experiences induce me 
to wish it to be the case where I have the honor to com- 
mand. I would also observe to your Excellency that I 
could wish to set out on this expedition free from any re- 
luctance, which I doubt I can not do without a satisfactory 
explanation of the treatment of the Virginia delegates in 
Congress to me, in objecting to an appointment designed 



1 Letter of Richard Winston to Colonel Jno. Todd, Virginia State Pa- 
pers, Vol. 1, p. 3S0; Letter of Robert George to Colonel G. R. Clark, Id., 
p. 382; also letter of John Williams and Leo. Helm. 

'* Id. 383; Id. 396. 

8 Virginia State Papers, Vol. 1, p. 461-468. 






■-*■ 



IOO LOUG HERTS DEFEAT 

for me, which your Excellency can not be a stranger to. 
I could wish not to be thought to solicit promotion, and 
that my duty to myself did not oblige me to transmit these 
sentiments to you. The treatment I have generally met 
with from this State hath prejudiced me as far as consist- 
ent in her interest and I wish not to be distrusted in the 
execution of her order by any continental colonel that may 
be in the countries that I have business in, which I doubt 
will be the case, although the orders of the commander 
in chief is very positive." 1 

On February 10 he wrote the governor of Virginia, 
setting forth the great lack of arms and his disappoint- 
ment at the want of men, 2 and he received from Gov- 
ernor Jefferson an encouraging letter notifying him that 
he had obtained leave from Baron Steuben for Colonel J. 
Gibson to attend as next in command, and that with Gen- 
eral Washington's recommendation, he hoped to have 
Colonel Gibson's regiment attached to Clark's command. 3 
A letter written on March 27 to the governor of Virginia 
contains the following : "It's a very alarming circumstance 
to me, that if the Frederick, Berkeley and Hampshire 
militia being excused from the w r estern service. I make 
no doubt but that good policy might require it. I sus- 
pected it, but six or seven hundred men deducted from two 
thousand is very considerable. I shall never think other- 
ways than that the militia of these counties would have 
marched with cheerfulness, had they not been encouraged 
to the contrary. Colonel Gibson's regiment will make 
some amends, but far from filling up the blank ; perhaps 
we may do it by volunteers from this quarter. I feel the 
distress of my country and shall devote myself to its in- 



1 Id., p. 441. 

* Id., p. 504. 

* Id., p. 511. 






AND PIGEON BOOST .MASSACRE. 101 

terest. But, sir, if any misfortune shall happen, I have 
the consolation to hope the cause will not be misplaced. 
My situation is truly disagreeable ; the most daring at- 
tempts would be agreeable to me was there nothing but 
death to fear. But more I conceive to be depending at pres- 
ent. To be flung into my situation by a set of men that 
are not honored with the sentiments of a soldier, is truly 
disagreeable. I hope these gents alluded to will live to 
repen,t of their conduct. Conscious of the rectitude of 
the orders of government aggravate the guilt of these per- 
sons, in my ideas, and can not refrain from giving those, 
my sentiments, though it may reflect no honor to me. ,?1 

Colonel Broadhead refusing to allow Colonel Gibson's 
regiment to be detached on this expedition, Clark wrote 
to General Washington from Fort Pitt, May 20, 1781, 
asking explicit orders to Colonel Broadhead to this end. 
In his letter he says: "The advantages which must de- 
rive to the States from our proving successful is of such 
importance that I think deserved greater preparations to 
insure it. But I have not yet lost sight of Detroit. 
Nothing seems to threaten us but the want of men. But 
even should we be able to cut our way through the Indians 
and find they have no reinforcements at Detroit, we may 
probably have the assurance to attack it, though our force 
be much less than proposed, which was two thousand, as 
defeating the Indians with inconsiderable loss on our side 
would almost insure our success. Should this be the case, 
a valuable peace will probably ensue. But on the con- 
trary, if we fall through in our present plans and no expe- 
dition should take place, it. is to be feared that the conse- 
quences will be fatal to the whole frontier, as every exer- 
tion will be made by the British party to harrass them as 
much as possible — disable them from giving any succor to 

1 J d., p. 597- 



' - , 



102 LOUGHERTS DEFEAT 

i 

our eastern or southern forces. The Indian war is now more 
general than ever. Any attempt to appease them will be 
fruitless." 1 

Writing to the governor of Virginia under date of May 
23, he says: "The Continental officers and soldiers of this 
department, to a man, is anxious for the expedition sup- 
posed against the Indians. The country in general wish- 
ing it to take place. But too few think of going, and so 
great a contrast between the people of the two States in 
this quarter that no method can be taken to force them to 
war. We are taking every step in our power to raise vol- 
unteers. What number we shall get I can't guess. I 
doubt too few. The disappointment of seven hundred 
men from Berkeley and Hampshire I am afraid is too great 
a stroke to recover, as in fact, the greatest part of this 
country is in subordination neither to Pennsylvania nor 
Virginia. General Washington informs me that he had 
received information that Colonel Connelly had left New 
York with a design to make a diversion in the countries 
to be reinforced by Sir John Johnson in Kanady. I doubt, 
sir, if we shall be obliged to play a desperate game this 
campaign. If we had the two thousand men first proposed, 
such intelligence would give me pleasure. By the greatest 
exertions and your timely supplies of money, we have the 
boats and provisions expected in this quarter nearly com- 
plete. I propose to leave this about the 15th of June, if 
we can imbody a sufficient number of men by that time. 
I do not yet despair of seeing the proposed object on tol- 
erable terms, although our circumstances is rather gloomy. 
Colonel Crockett and regiment arrived a few days past, 
who informed me that a company or two of volun- 
teers might he expected from Frederick and Berkeley. I 



Virginia State Paper, Vol. 2, p. 108. 



§ 

1 



: 







• -rt~r~.-~ ■■ "~ " ' 



AND PIGEON ROOST MASSACRE. 103 

am sorry we are so circumstanced as to be glad to receive 
them.' 11 

It became apparent by August 1st, that it would be im- 
possible to raise the number of men required for the exe- 
cution of the plans against Detroit. Colonel Clark was 
greatly disappointed, and wrote from Wheeling to the 
Governor of Virginia, August 4th, saying : 

"I make no doubt but it was alarm to you that I had not 
left this country. Whoever undertakes to raise an army in 
this quarter will find himself disappointed, except the law 
was of greater force, and not depending on the wills of 
the populace. This country calls aloud for an expedition, 
wishing me to put it in execution, but so strangely infat- 
uated that all methods I have been able to pursue will not 
draw them into the field. We have made drafts to no pur- 
pose. Governor Reed has also written to them to no ef- 
fect. From the time I found I was to be disappointed in 
the troops ordered by the government, I began to suspect 
the want of men which is now the case when every thing 
else is prepared." "I could not get Colonel Gibsons reg- 
iment, otherwise I should have been gone long since, but 
had to make up the deficiency by volunteers, but finding no 
argument are sufficient, I determined to quit there, leaving 
no stone unturned by which they might hereafter excuse 
themselves." 

"To save the garrison of Pittsburgh from being evacu- 
ated, I have been obliged to spare them a considerable 
quantity of flour, but yet have enough to do something 
clever had I men. I have relinquished my expectations 
relative to the plans heretofore laid, and shall drop down 
the river with what men I have, amounting to about four 
hundred, consisting of Crockett's regiment, Craig's artil- 
lery, volunteers, etc. If I find a prospect of completing 

1 Id., p. 117. 







104. LOUGHERY'S DEFEAT 

my forces in any other country I shall do it, and make my 
strokes according to circumstances. If I find it out of my 
power to do anything of importance, I shall dispose of the 
public stores to the greatest advantage, and quit all further 
thoughts of enterprise in this quarter." 

"I do not yet condemn myself for undertaking the ex- 
pedition against Detroit. I yet think had I near the num- 
ber of men first proposed, should have carried it. I may 
yet make some strokes among the Indians before the 
close of the campaign, but at present really to be doubted. 
I have been at so much pains to enable us to prosecute the 
first plan, that the disappointment is doubly mortifying to 
me, and I feel for the dreadful consequences that will 
ensue throughout the frontier if nothing is done. This 
country already begins to suspect it, and to invite me to 
execute some plans of their own, but I shall no longer trust 
them." 1 

A letter by Major Croghan to Colonel Wm. Davis, writ-, 
ten at Fort Pitt, August 18th, gives the information that, 
"a few days ago General Clarke set out from this country 
by water, with about four hundred men, including officers 
and Colonel Crockett's regiment, flattering himself he would 
be joined by some more from Kentucky and the Falls of 
Ohio, abouthalf-way between this and the falls. The general 
expected 1,500 men from this part of the country, and is 
much chagrined at his disappointment, having provision, 
ammunition, artillery, quartermaster's stores, boats, etc., 
sufficient for upwards of 2,000 men. Had the country people 
turned out and gone with him, I have no doubt the people on 
this side the mountain, in. particular, would be sensible of 
the advantage they must reap by being able to live at their 
plantations without the dread of being scalped, which is 
far from being the case at present, few days passing with- 
out the Indians doing mischief of this kind." 

1 Virginia State Papers, Vol. II, p. 294. 



- • • 



AND PIGEON ROOST MASSACRE. 105 

"I much fear the general will be disappointed in getting 
men down the river from Kentucky and the Falls. If so, 
the State is thrown into an infinity of expense without any 
advantage, as the few men the general now has is not more 
than might be necessary to guard the great number ot 
boats, stores, etc., he has with him." 

"From every account we have, the Indians are prepar- 
ing to receive him, and if they should attack him in his 
present situation, either by land or water, I dread the con- 
sequences. The reason so few went with him from this 
place, is owing to the dispute that subsists here between 
the Virginians and Pennsylvanians respecting the true 
bounds of the latter, and the general being a Virginian 
was opposed by the most noted men here of the Pennsyl- 
vania party. The people here blame Virginia very much 
for making* them and their lands (which beyond the 
shadow of a doubt is far out of the true bounds of Penn- 
sylvania) ever to Pennsylvania, and I am assured will 
never be content until the true bounds of Pennsylvania is 
run. Tis true they are going to run what they call a tem- 
porary boundary, but so much injustice is done to the State 
of Virginia and the people who are now in it, and by this 
scandalous imposition will be forced into Pennsylvania, 
that nothing but discord will reign until the bounds is run 
agreeable to the words of the charter of Pennsylvania." 1 

It had been given out that this expedition was against 
the Indians of the Northwest, and the designs on Detroit 
were kept in the background, but nevertheless, Brant, the 
Indian chief, was well informed as to its purpose. 2 It was 
Clark's intention to proceed up the Big Miami river and 
first attack the Shawnee towns on that river. But subse- 
quently he changed his plans and decided to make the 
Falls of the Ohio his base of operation. 

^d. 345. "Letter to Lord George Germain, Appendix. 






106 LOUGHERY'S DEFEAT 



I 



Colonel Archibald Laughery, or Loughery, was the 
county lieutenant of Westmoreland county, Pennsylvania, 
and upon Clark's requisition he raised and provided with j 
an outfit, principally at the expense of himself and Cap 
tain Robert Orr, a party of one hundred and seven mounted ; 
volunteers. This company rendezvoused at Carnahan's 
Block-house, eleven miles west of Hannastown, on August 
2, 1781, and marched by way of Pittsburgh to Fort Henry 
(Wheeling), where they arrived on the 8th, about twelve 
hours after Colonel Clark, with all the men, boats and 
stores he could gather, had departed, leaving orders for 
Colonel Loughery to follow and overtake him at the 
mouth of Little Kanawha. Several days were consumed 
by Colonel Loughery in getting started. In the meantime 
Clark's men began to desert. Loughery apprehended 
.Lieutenant Baker and sixteen men who were deserting 
from Clark at Fishing Creek. To prevent desertion Col- 
onel Clark was obliged to proceed from the Kanawha, 
leaving a letter affixed to a pole directing Loughery to fol- 
low to the Falls of the Ohio. Loughery's stores and for- 
age gave out at this point, and he detached Captain 
Shannon with seven men in a small boat to overtake 
Clark and secure supplies. This detachment had not pro- 
ceeded far when the Indians, who were carefully watch- 
ing the expedition, captured Shannon and all of his men 
but two, and also obtained a letter to Colonel Clark de- 
tailing Loughery's situation. Joseph Brant, with one hun- 
dred Indian warriors, lay in wait to attack Clark at the 
mouth of the Miami river, but Clark passed in the night, 
and the Indians being afraid of. the cannon and the num- 
ber of men, did not molest him, but concluded to wait for 
Loughery's party. It is said that the Indians placed the 
prisoners they had taken in a conspicuous position on the 
north shore of the Ohio river, and promised to s spare their 
lives on condition that they would hail Loughery's party 



- 



AND PIGEON ROOST MASSACRE. 107 

and induce them to land and surrender. However this 
mav have been, at about 10 o'clock on August 24th, 
Loughery having reached an attractive spot about ten 
miles below the mouth of the Big Miami, near the present 
town of Aurora, Dearborn county, Indiana, landed on the 
north side of the Ohio river, in the mouth of a creek which 
has since been called Loughery's creek. The Ohio river 
was very low, and a large sandbar extended from the south 
almost across to the north bank of the river. Colonel 
Loughery's party, wearied with their slow and laborious 
progress, and discouraged by the failure to overtake Clark's 
army, removed their horses ashore and turned them loose 
to feed, while some of the men cut grass sufficient to keep 
them alive until they should reach the Falls. A buffalo 
had been killed and ail were engaged in preparing a meal, 
when the Indians appeared on both sides of the river, and 
began firing from the woods. The soldiers seized their 
arms and made a defense as long as their ammunition 
held out. An attempt was made to escape by the boats, 
but they were so unwieldy, and the water so low, that the 
Indians cut them off. Unable to escape or defend them- 
selves, Colonel Loughery surrendered. Brant, the Indian 
chief, says thirty-six, including five officers, were killed 
and sixty-four made prisoners. One or two escaped, but 
did not reach home for several months afterward. Lough- 
ery was tomahawked by a Shawnee Indian after the 
battle, while sitting on a log, and all the wounded who 
were unable to march were similarly dispatched. The 
prisoners were marched eight miles up the Miami river to 
an encampment, where the. Indians were joined by one 
hundred white men under command of Captain Thomp- 
son and three hundred Indians under Captain McKee, 
both British officers. All of the British and Indians, with 
Brant's band of warriors, went down against the Ken- 
tucky settlements as far as the Falls of the Ohio, leaving 






i 



IC8 LOUGIIERTS DEFEAT 

a sergeant and eighteen men to guard the prisoners. No 
attack was made on Clark's army, however. The pris- 
oners were taken to Detroit and sent from there to 
Montreal. 

The disaster to Loughery was the culmination of the 
misfortunes of this ill-fated expedition. All thought of 
accomplishing anything more than the destruction of the 
Indian villages was abandoned. Nothing of note was 
done until the fall of 1782, when another expedition was 
organized, and moving rapidly from Wheeling, destroyed 
the large Shawnee towns on the Miami and the British 
posts as far north as Lake Erie. 

Lieutenant Isaac Anderson, who succeeded to the com- 
mand of Shannon's company, after the capture of the lat- 
ter, has kept a diary of the expedition from the start at 
Carnahan's Block-house, including the fight, captivity and 
his wonderful escape from Montreal and trip through the 
wilds of Maine, Connecticut, New York and Pennsylvania, 
to his home. This diary is now in the possession of his son 
Isaac R. Anderson, who resides at Venice (Ross P. O.), 
Ohio, and the diary is also copied in McBride's history of 
Butler county, Ohio. 

There are appended here two accounts of the Pigeon 
Roost massacre, which seem to give some details not 
found in Dillon's History of Indiana, worthy of preser- 
vation. 



• 



AND PIGEON ROOST MASSACRE. 



109 



THE BRITISH REPORT. 

Quebec, 23d Oct., 81. 
Lord George Germain by the Fleet: 

My Lord — I have the pleasure to acquaint your Lord- 
ship that, by a late dispatch from Detroit, I have an ac- 
count of an advantage gained by Joseph Brant with an 
hundred Indians over a division of Colonel Clark's army 
assembling upon the Ohio for the purpose of destroying 
the Indian settlements, and if successful in his levies, pen- 
etrating to Detroit. Joseph having intelligence of his 
motions, waited for him at the mouth of the Miamis river, 
where he passed in the night, and with too great a force for 
Joseph to attack him, but the next day he fell upon a party 
of 100 men, commanded by a Lieutenant Colonel Lockery, 
64 of whom he made prisoners ; 361 including the colonel 
and five other officers, were killed. A reinforcement of a 
company of rangers and a strong body of Indians pene- 
trate as far as the falls in hopes of pursuing the blow 
with success, but Mr. Clark's army were so discouraged 
by this early defeat that they began to separate, and it is 
supposed have, for this season, abandoned their enterprize. 
Many similar Indian parties in that quarter have been very 
successful, and some considerable strokes have been made 
upon the Mohawk river and frontiers of Pennsylvania. 
The vicinity of these, and the perpetual terror and losses 
of the inhabitants, will I hope operate powerfully in our 
favor with Vermont, who will experience the happy 
effects of having their settlements protected, and some 
of the inhabitants of the neighboring States begin 



ffl«PW "^ 



HO LOUGHERY'S DEFEAT 

to retire there for safety. It would be endless and 
difficult to enumerate to your lordship the parties 
that are continually employed upon the back settle- 
ments. From the Illinois country to the frontiers of 
New York there is a continual succession. I must 
do Colonel Johnson and the officers who have the ,di- 
rection of this service the justice to acquaint your lord- 
ships that the families I have placed upon Carlton Island, 
at Niagara and Detroit, with a view to cultivation, prom- 
ise fare to succeed, and I have not a doubt will, in a very 
few years, materially contribute as well to the support 
as to the convenience of those posts. 

I am, &c, 
[Signed.] Fred. Haldimand. 



mgg/msm^^B$i>^rnr^^v^r- - ■ 



AND PIGEON BOOST MASSACRE. 1 1 1 



DIARY OF CAPTAIN ISAAC ANDERSON. 

[Original in possession of I. R. Anderson, Esq., Venice (Ross P. O.), O.j 

August i, 1 781. We met at Colonel Carnahan's in or- 
der to form a body of men to join General Clark on the 
expedition against the Indians. 

Aug. 2. Rendezvoused at said place. 

Aug. 3. Marched under command of Colonel Lochery 
to Maracle's mill about eighty three in number. 

Aug. 4. Crossed the Youghagania river. 

Aug. 5. Marched to Devor's ferry. 

Aug. 6. To Raccoon settlement. 

Aug. 7. Captain Mason's. 

Aug. 8. To Wheeling Fort and found Clark was started 
down |Jie river about twelve miles. 

Aug. 9. Colonel Lochery sent a quartermaster and of- 
ficer of the horse after him, which overtook him at Middle 
Island and returned ; then started with all our foot troops 
on seven boats, and our horses by land to Grave creek. 

Aug. 13. Moved down to Fishing creek; we took up 
Lieutenant Baker and sixteen men deserting from General 
Clark and went that day to middle of Long Beach, where 
we stayed that night. 

Aug. 15. To the Three Islands, where we found Major 
Craycraft waiting on us with a horse boat. He, with his 
guard, six men, started that night after General Clark. 

Aug. 16. Colonel Lochery detached Captain Shannon 
with seven men and a letter after General Clark and we 
moved that day to the Little Connaway (Kanawha) with 
all our horses on board the boats. 



""^^wgfi 



112 LO UGIIER Y'S DEFEA T 

Aug. 17. Two men went out to hunt who never re- 
turned to us. We moved that day to Buffalo Island. 

Aug. 18. To Catfish Island. 

Aug. 19. To Bare Banks. 

Aug. 20. We met with two of Shannon's men who told 
us they had put to shore to cook, below the mouth of the 
Siotha (Scioto) where Shannon sent them and a sergeant 
out to hunt. When they had got about half a mile in the 
woods they heard a number of guns fire, which they sup- 
posed to be Indians firing on the rest of the party and they 
immediately took up the river to meet us ; but unfortu- 
nately the sergeant's knife 'dropped on the ground and it 
ran directly through his foot and he died of the wound in 
a few minutes. We sailed all night. 

Aug. 22. We moved to the Two Islands. 

Aug. 22. To Sassafras bottom. 

Aug. 23. Went all night and all day. 

Aug. 24. Colonel Lochery ordered the boats to land 
on the Indiana shore, about ten miles below the mouth of 
the Great Meyarnee (Miami) river, to cook provisions and 
cut grass for the horses, when we were fired on by a party 
of Indians from the bank. We took to our boats expecting 
to cross the river, and were fired on by another party in 
a number of canoes in the river and soon we became a 
prey to them. They killed the colonel and a number more 
after they were prisoners. The number of our killed was 
about forty. They marched us that night about eight miles 
up the river and encamped. 

Aug. 25. We marched eight miles up the Meymee 
river and encamped. 

Aug. 26. Lay in camp. 

Aug. 27. The party that took us was joined by one hun- 
dred white men under the command of Captain Thomp- 
son and three hundred Indians under the command of 
Captain McKee. 



i Hff HWffliy.Y* * 1 , " -~- ■ 



AND PIGEON ROOST MASSACRE. 1 13 

Aug. 28. The whole of the Indians and white men went 
down against the settlements of Kentucky, excepting a 
sergeant and eighteen men which were left to take care 01 
sixteen prisoners and stores that were left there. We lay 
there until the 15th of September. . 

Sept. 15, 1781. We started towards the Shawnee towns 
on our way to Detroit. 

Sept. 19. Arrived at Chillecothey, where the Indians 
took all the prisoners from Captain Thompson excepting 
six of us. We lay there until the 26th. 

Sept. 26. We marched to Laremes. 

Sept. 27. Over the carrying place to the Claize. 

Sept. 28. To the Taway village. 

Sept. 29. Continued our march. 

Sept. 30. Marched all day through swampy ground. 

Oct. 1. Arrived at Roche de Bout and rested there 
eight days. 

Oct. 4. Captain Thompson marched for Detroit and 
left us with the Mohawks where we lay until the 8th. 

Oct. 8. Started in a canoe with the Indians for Detroit 
and lay at the foot of the rapids all night. 

Oct. 9. Got to Stony Point, half way to Detroit, from 
the mouth of the Mame (Maumee) river. 

Oct. 10. Got to the spring well, four miles from De- 
troit. 

Oct. 11. Taken into Detroit and given up to Major 
Arent Schuyler De Pester, who confined us to the cita- 
del. 

Oct. 13. Got into good quarters and were well used ; 
had clothing and liberty of going, where we pleased round 
the town until the fourth of November. 

Nov. 4. We went on board the sloop Felicity bound 
for Niagara. 

Nov. 5. Lay at anchor in Put-in-Bay. 

Nov. 6. Likewise. 



^^-^^ ._.,.. ,._. .,.,.,...,»,,..... ..,-..-,..,...... ,^,^...;., 



114 ZO UGHER Y'B DEFEA T 

Nov. 7. Set sail with a fair wind. 

Nov. 8. Wind ahead. 

Nov. 9. Sprung the mast by distress of weather. 

Nov. 10. Very stormy weather, lower our sails. 

Nov. 11. Put in at Presque Isle Bay. 

Nov. 12. Lay in said Harbor. 

Nov. 13. Sailed for Fort Erie. 

Nov. 14. Went to Batteaux to Fort Schlosser one mile 
above Niagara Falls. 

Nov. 15. Went over the carrying place to Niagara 
Fort and put on board the Seneca. 

Nov. 16. Set sail for Carleton Island. 

Nov. 17. Arrived at said place. 

Nov. 19. Put in the guard house at said place. 

Nov. 20. Started in Batteaux for Montreal. 

Nov. 21. Continued on our journey. 

Nov. 22. Lay at Oswegatchie. 

Nov. 23. Crossed the Long Saut. 

Nov. 24. Arrived at Coteau du Lac. 

Nov. 25. Crossed the Cascades to the Isle of Berrot. 

Nov. 26. Was beat by wind up Chateaugay Island. 

Nov. 27. Crossed Chateaugay river and went to Caugh- 
nawaga, an Indian village, and crossed the river St. Law- 
rence with much difficulty and lay at La Chine all night. 

Nov. 28. Drew provisions and were insulted by 
drunken Indians ; went down to Montreal and w r ere de- 
livered to General Spike who put us in close confine- 
ment. 

Nov. 29. Removed to the long house in St. Marc par- 
ish and remained there until May 26, 1782. 

May 26, '82. Scaled the pickets about 2 o'clock in the 
day time, and crossed the river at Longueil church and 
got into the w r oods immediately, and steered for Sorrel 
river ; crossed it that night and went into a Frenchman's 
barn, and killed two lambs and took two horses and rode 



'b^im'yWilW!.V W im>l*W » *'' ' *■''■ ' '' 'tt—'— "*-.t ■- 



AND PIGEON ROOST MASSACRE. 1 15 

all night till day-break, then we made a halt, skinned and 
barbecued the lambs. 

May 27. Started with our horses, got them about five 
miles and were obliged to turn them out of hand on ac- 
count of swampy ground and steered an east course all 
day, and came to the river Missisque, crossed it on a raft ; 
marched about two miles after dark and encamped. 

May 28. Marched about day-break. Had gone one 
mile when we heard the drums beat the reveille from a 
block-house on said river. We steered that day southeast 
expecting to strike Heason's road but found it not. We 
encamped that night on a very high mountain. 

May 29. Found a large quantity of snow on said 
mountain. Crossed the river Missisque and another moun- 
tain that day and encamped. 

May 30. Crossed three mountains and camped. 

May 31. Came to a level country and crossed four 
creeks, one very difficult to cross, that emptied into Lake 
Memphremagog. We were obliged to camp on bad 
ground that night, and our provisions were done. 

June 1. Our provisions being done we were obliged to 
kill our dog and eat him, lost our compass but Providence 
favored us with clear weather that day and part of the next. 
We steered our old course, southeast and encamped. 

June 2. Struck a branch of the Passumpsic river and 
kept down it, and in the evening made a raft, expecting to 
go by water, but was disappointed by driftwood. We en- 
camped in the forks of said river all night. 

June 3. Kept our old course and struck an east branch 
of said river. We kept down it by reason of dark weather. 
We encamped that night on dead running water. 

June 4. Made two rafts and never got any service of 
them, by reason of rapid running water, and kept our old 
course that day and encamped. 

June 6. Continued our march and struck the settlement 



xmwmwsi 



1 1 6 LOUGHER Y'S DEFEA T 

of Cohorse on said river, that evening at one Smith's. We 
came down the Connecticut that night and crossed below 
the forks where we staid all night. 

June 7. Came past Ebr. Willoughby and to Richard 
Salmon's where we staid all night, twelve miles from where 
we struck the settlement. 

June 8. Came to Brigadier-General Bayley's and rested 
there two days. 

June 10. Crossed the river to his son's, Ephr. Bayley's, 
where we got a pair of shoes, and went to James Wood- 
ward's, Esquire, where we staid all night. 

June 11. To Captain Ladd's, 21 miles. 

June 12. To Colonel Johnson's, two miles. 

June 13. To Captain Clement's on our way to Penny- 
suik, 11 miles. 

June 14. To Emerson's, Esquire, 21 miles. 

June 15. To Captain Favor's, 19 miles. 

June 16. To Colonel Garrishe's, 14 miles. 

June 17. To Colonel Walker's in Pennycuik, 12 miles, 
where the general court was. There we made application 
for money and next day got a little. 

June 18. Went to Captain Todd's, 11 miles. 

June 19. To Captain Walker's where we eat dinner; 
and left the Merrimac river, and got on r the great road for 
FishkiU's to headquarters, and staid that night at the 
sign of the Lion, 30 miles. 

June 20. To Mr. Holton's, four miles from Lancaster 
in the Bay State, 25 miles. 

June 21. To Worcester and from there to Mr. Ser- 
geant's, where we staid three nights, and got two pairs 
of trowsers made. 

June 24. To Benj. Cotten's, 35 miles. 

June 25. To Springfield and crossed the Connecticut 
river and came to Mr. Eansee's in Connecticut province, 
32 miles. 

June 26. To Mr. Camp's in Washington town, 40 miles. 



■ 



•' 



AND PIGEON ROOST MASS A ORE. 1 1 7 

June 27. Came past Bull's works and into York prov- 
ince to Thos. Storm's, Esq., where we lay all night. 

June 28. Came to Fishkili's landing, 15 miles, and 
crossed the North river to Newburg to headquarters, expect- 
ing to get a supply of money, but his Excellency was gone up 
the river to Albany, and we could not obtain any. From 
thence to New Windsor, two miles, where we met with a 
friend, but no acquaintance, who lent us money to carry 
us to Philadelphia, which was a great favor. We came 
that night to John Brouster's, 11 miles. 

June 29. To Mr. Snyder's tavern, Jersey province, 32 
miles. 

June 30. Came to Hackettstown and came to Mr. Has- 
let's, 27 miles. 

July 1. Through Phillipsburg and from there we crossed 
the Delaware river at Howell's ferry and got into Penn- 
sylvania to Wm. Bennett's in Buck county, 43 miles and 
27 from Philadelphia. 

July 2. Came to Philadelphia, 27 miles, and stayed 
there until the 4th. 

July 4. Started for Carlysle about 3 o'clock in the after- 
noon and came to the Sorrel House, 13 miles. 

July 5. To Captain Mason's, 42 miles. 

July 6. Came through Lancaster and from thence to 
Middletown where we lay all night, 37 miles. 

July 7. Crossed the Susquahanna river and came to 
Carlysle about I o'clock, 26 miles, an rested three nights. 

July 10. Started and came through Shippensburg to 
Captain Thos. Campbell's, 36 miles. 

July 11. Rested at said Campbell's. 

July 12. To Mr. Welch's, about 5 miles. 

July 13. To crossing Juniata, 28 miles. 

July 14. Came through Bedford to Arthur McGaugh- 
ey's, 21 miles. 

July 15. To Loud's in the Glades, 32 miles. 

July 16. To Colonel Campbell's, 28 miles. 



• .muliim 



Il8 LOUGHERY'S DEFEAT 



29th Congress, 2d Session. Report No. 30. House of Representatives. 

ARCHIBALD LOUGHERY. 

[To accompany Bill House of Representatives, No. 611.] 

January 20, 1847. 
Mr. Blanchard from the Committee on Public Lands 
made the following 

report : 

The Committee on Public Lands, to whom was referred 
the claims of Jane Thompson and Elizabeth McBrier, of 
Westmoreland county, Pennsylvania, make the following 
report: 

That the Commonwealth of Virginia, on the second day 
of January, 1781, yielded to the Congress of the United 
States, for the benefit of said States, all right, title and 
claim which the said commonwealth had to the territory 
northwest of the river Ohio, subject to the conditions an- 
nexed to the said act of cession ; which said act of cession, 
with the conditions annexed, the Congress of the United 
States accepted, among which conditions was the following : 
"That a quantity, not exceeding one hundred and fifty thou- 
sand acres of land promised by the State of Virginia, should 
be allowed and granted to the then Colonel (now General) 
George Rogers Clark, and to the officers and soldiers.of 
his regiment who marched with him when the posts of Kas- 
kaskiasand St. Vincents were reduced, and to the officers 









jj^^S^j^.**^*^- ■■ 



AND PIGEON ROOST MASSACRE. 



II 9 



and soldiers that have since been incorporated into the said 
regiment ; to be laid off in one tract, the length of which 
not to exceed double the breadth, in such place on the 
northeast side of the Ohio, as a majority of the officers 
shall choose ; and to be afterwards divided among the said 
officers and men in due proportion, according to the laws 
of Virginia. " 

The committee further report, that it appears by the 
affidavits of credible witnesses, that Colonel Archibald 
Loughery, father of the above-named claimants (which 
affidavits are hereto annexed and made part of this re- 
port), some time during the summer of 1781 raised several 
companies of volunteers, of which he was chosen com- 
mander, for the purpose of joining the forces of General 
George Rogers Clark in the expedition against the Mohawk 
and Seneca Indians, inhabiting the country now belonging 
to the State of Ohio. That, in August, 1781, he marched 
with his men to Wheeling, Ohio, expecting to join the 
forces under said General Clark, but when he and his men 
arrived at Wheeling, they found General Clark had left that 
place a few days before they arrived, but had left boats for 
Colonel Loughery and his men to follow them. That 
they took the boats thus left for them, but somewhere near 
the mouth of the Big Miami river, Colonel Loughery and 
his men landed to cook and eat some food, and were at- 
tacked by a large body of Indians, and the said Loughery 
and a number of his men were killed, and the re- 
mainder taken prisoners by the Indians, and never joined 
the forces under General Clark as was intended. 

The committee, therefore, report that, upon the above 
state of facts, the heirs of the said Colonel Archibald 
Loughery are entitled to the same quantity of bounty land 
as if their father had actually joined the forces under Gen- 
eral George Rogers Clark. 



■ 



I2 o LOUGIIERY'S DEFEAT 

Pennsylvania, 



Westmoreland County. { 

Personally appeared before the subscriber, a justice of 
the peace in and for said county, James Kean, who being 
duly sworn according to law, upon his solemn oath, doth 
depose and say: That sometime in the summer of seven- 
teen hundred and eighty-one, volunteers were raised in 
Westmoreland county, Pennsylvania, for the purpose of J 
joining an expedition at that time making against the Mo- 
hawk, Seneca, and other tribes of Indians ; that said vol- 
unteers were to march in the country now composing the 
Stale of Ohio ; that the companies in Westmoreland 
county were under the command of Colonel Archibald 
Loughery, and were composed of upwards of a hundred 
men under the command of said colonel. This deponent 
was attached to a company of rangers under Captain 
Thomas Stokely ; that they had volunteered to march un- 
der the command of General George Rogers Clark on the 
expedition ; that Colonel Loughery marched his men to 
Wheeling, where this deponent understood they were to 
join General Clark. On the arrival of the troops there, 
they found that General Clark had left there four days be- 
fore, but had left four or five boats behind to carry on 
Colonel Loughery and his men. From this place Colonel 
Loughery sent a messenger (Richie Wallace) after Gen- 
eral Clark ; he brought word that Clark would wait for 
them at the mouth of some creek, the name of which is 
not remembered by deponent. Colonel Loughery and 
his companies embarked in the boats left for them at 
Wheeling by General Clark, and arrived on that or the 
next day at the mouth of the creek. On their way down 
they took sixteen deserters from the troops of General 
Clark, and carried them along back. On their arrival at 
the creek, they found General Clark and his troops had 



M|pii'iiil8').]WlU"ii.ii'' ' " 

I 



AND PIGEON BOOST MASSACRE. 121 

left. Colonel Loughery then proceeded with his men after 
Clark in the boats. On the 21st or 24th of August, 1781, 
they landed on the north bank of the Ohio, about ten miles 
below the mouth of the Big Miami river, for the purpose 
of cooking some victuals ; the river was then low; there 
was a sand-bar that reached into the river from the south 
side. As they were kindling their fires, the Indians com- 
menced an attack from an upper bank. Colonel Lough- 
ery ordered his troops to the boats, to pass over to the 
sand-bar ; as soon as they embarked and commenced 
moving over, a large body of Indians rushed from the 
woods on the bar, and prevented a landing or making an 
escape, when the colonel ordered us to surrender. There 
were about thirty men killed in the fight on the side of the 
whites. Within an hour or two after the fight this depo- 
nent understood Colonel Loughery was killed by a Shawnee 
Indian as he was sitting on a log ; deponent within that 
time saw the scalp of the colonel in the hands of an In- 
dian ; the peculiar color of the hair caused deponent to 
know the scalp. 

James Kean, his x mark. 
Sworn and subscribed before me this 25th August, 1843. 

W. McWilliams. 

I do certify that I am acquainted with James Kean, the 
foregoing deponent, and that he is a man of credibility, 
and that full credit is given to his testimony as such. 

Witness my hand and seal this 25th August, 1843. 
[L. S.] " W. McWilliams. 

State of Pennsylvania, ) 
Westmoreland County, j 5 * 

I, David Full wood, prothonotary of the court of com- 
mon pleas of the county of Westmoreland, in the Com- 
monwealth of Pennsylvania, do hereby certify that W. 



wr^"T^"" 



122 LOUG HERTS DEFEAT 

Mc Williams, Esq., before whom the foregoing deposition 
was made, and whose name, in his own proper hand- 
writing, is to the above certificate appended, was then, 
and now is, an acting justice of peace in and for said 
county of Westmoreland, duly commissioned and ap- 
pointed, and to all whose official acts and deeds full faith 
and credit are of right due. 

In testimony whereof I have hereto set my 
hand and affixed the seal of said court, at 
[L. S.] Greensburg, the twenty-fifth day of August, in 
the year of our Lord one thousand eight hun- 
dred and forty-three. 

David Fullwood, Prot. 

Pennsylvania, ) 

Butler County. ) 55 ' 

Personally appeared before me, a justice of the peace 
in and for the county of Butler, William Christie, and after 
being duly sworn according to law, deposeth and saith 
that he was well acquainted with Colonel Archibald 
Loughery, of Westmoreland county, and his wife Mary, 
and that he was well acquainted with their two reputed 
daughters, Jane Loughery and Elizabeth Loughery, and 
that said Jane was married to Samuel Thompson, of said 
county of Westmoreland, and that Elizabeth was married 
to David McBrier, of the same county. And further 
saith not. William Christie. 

Sworn and subscribed before me, this the 9th day of 
March, 1844. 

John Brewster, J. P. 

I do certify that I am acquainted with William Christie, 
the foregoing deponent, and that he is a man of credi- 
bility, and that full credit is given to his testimony as such. 



^JP !*' ;^ ?^^"*^ ^'^' " ^ .' - ■ ■ !'!' . i ■ ^ . nr? 



^liVX> PIGEON ROOST MASSACRE. 123 

Given under my hand and seal, this the 9th day of 
March, 1844. 
[L. S.] John Brewster, J. P. ■ 



Butler County, 



.1 



State of Pennsylvania 

I, Jacob Mechlin, Jr. , prothonotary of the court of com- 
mon pleas in and for the county of Butler, in the com- 
monwealth of Pennsylvania, do by these presents, certify 
that John Brewster, Esq., before whom the foregoing cer- 
tificate was taken, and who has thereunto, in his own 
proper handwriting, subscribed his name, was at the time 
of taking such certificate, and now is, an acting justice of 
the peace in and for the said county, duly commissioned 
and sworn, to all whose acts, as such, due faith and credit 
are, and of right out to be, given throughout the United 
States and elsewhere. 

In testimony whereof I have hereunto set 

my hand and affixed the seal of said court of 

[L, S.] Butler, in the said county, this the 9th day of 

March, in the year of our Lord one thousand 

eight hundred and forty-four. 

Attest : Jacob Mechlin, Jr., 

Prothonotary. 

Pennsylvania, ) 

Westmoreland County. ) 

Personally appeared before, me, the subscriber, a justice 
of the peace in and for said county, James Chambers, who 
being duly sworn according to law upon his solemn oath 
doth depose and say : that I was taken prisoner by the 
Indians in June, seventeen hundred and eighty-one, and 
taken to Detroit ; and that while there Ezekiel Lewis, with 



- " 



124 LOUGHERY' S DEFEAT 

several others, were brought prisoners to Detroit, and 
stated to said deponent that they had been taken prison- 
ers with Colonel Archibald Loughery who was killed by 
the Indians. Said deponent was acquainted with Colonel 
Loughery, and his family consisted of a wife and two 
daughters— Jane, who was afterward married to Samuel- 
Thompson, since deceased, and Elizabeth, who was after- 
wards married to David McBrier, since deceased — who 
now reside in Washington township, Westmoreland county, 
and State of Pennsylvania. And further saith not. 

James Chambers. 

Sworn and subscribed before me, March 6, 1844. 

Alexander Thompson. 

I do certify that I am acquainted with James Chambers, 
the foregoing deponent, and that he is a man of credibil- 
ity, and that full credit is given to his testimony as such. 
Witness my hand and seal, this, the 6th day of March, 
A.D. 1844. 

[L. S.] Alex. Thompson. 

State of Pennsylvania, 



rATE of Pennsylvania, ) 
Westmoreland County. \ ss ' 



I, David Full wood, prothonotary of the court of com- 
mon pleas for the county of Westmoreland, in the Com- 
monwealth of Pennsylvania, do hereby certify that Alex- 
ander Thompson, before whom the foregoing deposition 
was made, and whose name, in his own proper handwrit- 
ing, is to the within certificate appended, was, then, and 
now is, an acting justice of the peace in and for the county 
of Westmoreland, duly commissioned and appointed, and 









AND PIGEON ROOST MASSACRE. 125 

to all whose official acts and deeds full faith and credit are 
ot right due. 

In testimony whereof, I have hereunto 

set my hand and affixed the seal of said 

[L. S.] court at Greensburg, the fourteenth day 

of March, in the year of our Lord, one 

thousand eight hundred forty-four. 

David Fullwood, 

Prothonotary. 

Pennsylvania, 

1 ss. 



*TY. ) 



Armstrong Coun 

Personally appeared before the subscriber a justice of 
the peace in and for said county, Ezekiel Lewis, a resident 
of the county of Armstrong, Pennsylvania, who being duly 
sworn according to law, upon his solemn oath doth depose 
and say : That sometime in the summer of seventeen hun- 
dred and eighty-one, volunteers were raised in Westmore- 
land county, Pennsylvania, for the purpose of joining an 
expedition at that time making against the Mohawk, Sen- 
eca, and other tribes of Indians ; that said volunteers were 
to march in the country now composing the State of Ohio ; 
that the companies in Westmoreland were put under the 
command of Archibald Loughery, then a resident of West- 
moreland county, who commanded said companies as 
colonel, and was received and acknowledged by them as 
their colonel in command : the troops rendezvoused on 
Sewekey [Sewickley?] or Jacob Swamps, Westmoreland 
county. Colonel Loughery had, when he started from the 
place of rendezvous, upwards of eighty men ; the compa- 
nies composing Colonel Loughery's command were com- 
manded by Captain Robert Orr and William Campbell. 
I was under the command of Captain William Campbell. 
Deponent says they marched from the place of rendezvous, 



^-.-^--- -•• .' - • - ■ " 



126 LOUGHERY'S DEFEAT 

he thinks, to McKeesport, on the Monongahela river and 
descended said river to Pittsburg: Captain Stockley 
joined the command of Colonel Loughery, some place be- 
fore we got to Wheeling (don't recollect the place partic- 
ularly) ; from Pittsburg we traveled by land to Wheeling, 
where we embarked in boats and started down the Ohio , 
river to join General Clark ; in one or two days we stop- 
ped at the mouth of a creek where we expected to meet 
General Clark ; when we arrived there, General Clark 
had gone on down the river ; on our way down the river 
we took some deserters from General Clark's command, 
and carried them with us ; Colonel Loughery proceeded 
on down the river, intending to overtake General Clark, 
until the 24th of August, 1781, about 9 or 10 o'clock ; we 
landed on the north bank of the Ohio for the purpose ot 
cooking breakfast ; we had killed a buffalo the evening 
before ; where we landed was near the mouth of the Big 
Miami. As we were kindling the fires, the Indians com- 
menced an attack upon us ; there were about forty of the 
whites killed, and the rest all taken prisoners, together 
with Colonel Loughery and all his officers ; in about two 
hours after we were taken, one of the Indians tomahawked 
Colonel Loughery sitting on a log ; I saw him after he 
was killed, and his scalp was taken off; deponent saith he 
had been intimately acquainted with Colonel Loughery for 
some years before the time of the campaign spoken of; 
knew he had a wife and some children ; does not know 
how many. And further saith not. 

Ezekiel Lewis. 

Subscribed and sworn to before me, nth March, 1844. 

John R. Johnston, 

Justice of the Peace. 

We do certify that we have been intimately acquainted 
with Ezekiel Lewis, the foregoing deponent, for the last 






PPP^^WTTP^^^*-^^^^^- —~ v .- 



JiV r Z> PIGEON BOOST MASSACRE. . 1 27 

twenty-five years, and that he is a man of truth and ve- 
racity, and that he is so acknowledged in the neighbor- 
hood in which he was raised since the time we have been 
acquainted with him. 
Witness my hand and seal, nth March, 1844. 

John R. Johnston, 
[L. S.] Justice of the Peace. 

Robert Ore. 

State of Pennsylvania, ) . 
Armstrong County. \ sc ' 

I, James Douglass, prothonotary of the court of common 
please in and for said county, do certify that John R.John- 
son, esquire, before whom the within deposition was taken, 
was, at the time of taking the same, an acting justice of 
the peace in and for said county, duly elected, commis- 
sioned and sworn, to all of whose official acts as such, full 
faith and credit are due and of right ought to be given, as 
well throughout the county aforesaid as elsewhere ; and 
that his signature thereto is genuine and in his proper 
handwriting. 

In testimony whereof I have hereunto set 

my hand and affixed the seal of said county at 

[L. S.] Kittaning, the nth day of march, in the year 

of our Lord one thousand eight hundred and 

forty-four. J. Douglass, Prothonotary. 

From reports of Committees, 2d Sess., 29th Cong. No. 

30. 

Same report and affidavits made reports Corns, 1st Sess. 
35 Cong., Vol. II, 289. April 17, 1858. [Bill H. R. No. 
504. j 



• ■ 



I2 8 LOUGHERTS DEFEAT 



AN ACCOUNT 

OF 

PIGEON ROOST MASSACRE. 



BY JUDGE I. NAYLOR.* 

The war of 1812 forms an important era in American 
history. At this eventful period I lived at my father's 
home in Clark county, then Indiana Territory, near 
Charlestown, three miles from the Ohio river. Many 
of the citizens of this county having served as volunteers 
under General Harrison on the Tippecanoe campaign, a 
few months prior to the declaration of war, had imbibed a 
spirit of military enthusiasm, and were animated by feel- 
ings of hostility towards Great Britain and her savage 



♦Isaac Naylor was born in Rockingham county, Virginia, in 1790. He 
was the son of John and Elizabeth Naylor of an excellent family on both 
sides. His mother was the only sister of James, John and Charles Beggs, 
who were prominent in Indiana Territorial and State affairs. His par- 
ents moved to Charlestown, Indiana, when he was still a child. In 1817 
he was admitted to the bar. He was in the militia service of the Indiana 
Territory from 1813 to 1814 inclusive, and fought at the battle of Tippe- 
canoe. In 1826 he married Catherine Anderson, daughter of Captain 
Robert Anderson of Revolutionary fame. He moved toCrawfordsville in 
1833, anc * was * n r ^37 elected judge of the twelfth circuit, and served until 
1852. In i860 he was elected judge of the Court of Common Pleas, retir- 
ing to private life in 1868. He died at Crawfordsvilie, Indiana, April 26 : 
1873. 



"v^-r ■< -■ '- ■-' ' 



AND PIGEON BOOST MASS ACHE. 1 29 

allies. They had hailed the "Declaration of War" as a sec- 
ond "Declaration of Independence," and had manifested 
their approbation of this act of the National Legislature 
bv rejoicing and illuminations. 

Under the influence of these feelings and this spirit of 
military ardor, in the latter part of August a company of 
mounted riflemen, commanded by Captain Pittman, 
marched to Vincennes for the defense of the western por- 
tion of the Territory. 

About this time we learned that General Hull had disgrace- 
fully surrendered his gallant army to the British general as 
prisoners of war. The news of this event passed through 
the Territory like an electric shock, inspiring all with fear- 
ful forebodings of Indian depredations and indiscriminate 
slaughter of the inhabitants along the line of our frontier. 

Our anticipations of impending evil were soon realized. 
A simultaneous attack was made by the Indians at many 
points of our frontier settlements. At sunset, about the 
first of August, some eight or ten Indians made an attack 
on what was called the Pigeon Roost settlement, fifteen 
miles from Charlestown, and in one brief hour killed about 
twenty-three persons, including men, women and children, 
some of whom were consumed in their homes where they 
were murdered. But one house was successfully defended. 
This was the house of Mr. Collings, the father of Zebulon 
Collings, Esq., who has written a more specific and en- 
larged account of this massacre. 

One of the sons of Mr. Collings was at work in a field, 
and was mortally wounded before he could reach his fath- 
er's dwelling. He was found in a day or two in a flax 
house, and died shortly afterwards. 

After scalping and mangling their victims in a most hor- 
rible manner, the Indians then plundered and set fire to 
the houses and consumed them to ashes. 

I heard the news of this mournful event about 10 o'clock 



130 LO UGHER Y'S DEFEA T 

in the morning of the next day after it had occurred, and 
having my rifle, powder and bullets in order in thirty minutes 
I was on my horse marching toward the Pigeon Roost» 
I was soon in company with many mounted riflemen whom 

1 found on the road. We arrived at the ill-fated spot about 

2 p. m., our company having increased to the number of 
two or three hundred mounted riflemen. 

Oh, what a mournful scene of desolation, carnage and 
death met our vision, as we beheld the smoking ruins of 
log-cabins and the mangled bodies of men, women and 
children, their once happy inmates ! I have seen the Tip- 
pecanoe battle-fields strewn with dead and dying soldiers. 
They had fallen in deadly strife with a savage foe whom 
they had conquered. They had fallen in the soldier's cos- 
tume, a soldier's armor. They were entitled to a soldier's 
grave. Not so in the Pigeon Roost massacre. Here all 
w r ere doomed to indiscriminate slaughter, from the suck- 
ling babe to the hoary-headed grandmother and grandsire. 
Neither age, nor sex, nor beauty, nor innocence could 
stay the hand of the merciless savage. 

The Pigeon Roost settlement was confined to less than a 
section of land. It was a fertile spot in the midst of sur- 
rounding sterility. Its fertility was due to the roosting of 
pigeons there for a long series of years. It was detached 
from the main settlement by an intervening distance of 
five miles. 

A Mrs. Beal, whose husband was a volunteer in Captain 
Pitman's company at Vincennes, hearing the yells of the 
Indians, retired from her log-cabin, with her two infants, 
to a sink hole in a cornfield, and remained there till nine 
or ten o'clock at night, when she left her hiding place and 
traveled a lonely path to the main settlement, where she 
arrived in safety with her children, at two o'clock the next 
morning, exhibiting a presence of mind and a degree of 
moral courage highly honorable to female character. 



IP* 5 



gfPjBWp -' jf; F W »» ^-- ' «- * ' " » - ; " — - - '" "" T "~ **** 



AND PIGEON ROOST MASSACRE, 131 

About this time an attack was made on Fort Harrison 
by a thousand or twelve hundred Indians. The garrison, 
consisting of a company of U. S. Infrantry, was com- 
manded by Captain Zachary Taylor, now Major-General 
Taylor commanding the U. S. Army in Mexico. The 
fort was most gallantly and successfully defended, and 
after a siege of five days the Indians retired At three 
o'clock in the afternoon we found the Indians* trail and 
pursued it till dark, and then encamped. Finding that the 
Indians had left the Pigeon Roost early in the morning, we 
returned home. In two or three days a large "number of 
brave Kentuckians came to our assistance. They were 
all mounted riflemen, anxious to avenge the death of those 
unfortunate inhabitants who had been murdered at Pig- 
eon Roost, and they were joined by a large number of 
Indiana mounted riflemen, who commenced an expedition 
against the Delaware towns, located on the west branch 
of White river. In attempting a military organization, 
the expedition failed through the ambition of a few men 
who desired to have the command of the troops. We 
then dispersed and retired to our homes, finding a general 
panic among the people, many of whom had left their 
homes and gone to Kentucky. 

The court-house at Charlestown was converted into a 
fort for the protection of the town and its vicinity. Forts 
were erected all along the line of our frontier settlements. 
They were garrisoned by the militia of the Territory, 
whose duty it was to range from one fort to the other, 
until the spring of 1813, when the U. S. Rangers weat 
into service. In the early part of March, 1813, the In- 
dians killed a Mr. Huffman, wounded his wife, and took 
his grandson prisoner in daylight, in sight of one of the 
forts, eight miles from Charlestown. 

The preceding is but a brief and imperfect sketch of the 
tvar scenes of 181 2 and '13 as they appeared in a portion 
°f Indiana. 



■—.— -.- — -:--- - • - 



132 LOUG HERTS DEFEAT 



PIGEON-ROOST MASSACRE. 

A. W. TOBIAS, IN MADISON COURIER. 

Pigeon Roost was the name of a small settlement 
formed in 1809, and was so called from the innumerable 
number of pigeons that roosted in that vicinity. It was 
situated five miles south of Scottsburg, the present county 
seat of Scott, and near a beautiful stream that bears the 
memorable name until this dav. At the time of the 
massacre most of the men were away from home. In the 
afternoon of September 3, 181 2, Ellis Payne and a Mr. 
Collings, while out bee-hunting one and a half miles from 
the present site of Vienna, were surprised and killed by a 
party of Shawnee warriors. Scalping their victims, they 
hastened toward the settlement, which they reached about 
sundown. In one short hour one man, five women and 
sixteen children were struck dead by the ruthless tommy- 
hawk of the fiendish savages. Among the killed were 
Henry Collings and wife, Mrs. Payne and her eight chil- 
dren, Mrs. Collings and her seven children, Mrs. John 
Norris, her only child and aged mother-in-law — for the 
aged were spared no more than the infant. Mrs. Briggs 
concealed herself and children in a sink-hole until the In- 
dians became busily engaged in burning and plundering, 
when she fled, and succeeded in reaching the residence of 
her brother. John Collings, son of William E. Collings, 
had just caught a horse to go after the cows, when he saw 
an Indian approaching in a threatening attitude. He 
dropped the rein and fled, pursued by the savage, who was 



: \ 



" 



AND PIGEON BOOST MASSACRE. 133 

raining on him, when he heard the report of his father's 
rifle, and saw the savage fall with the blood streaming 
from his breast. He succeeded in reaching the house in 
safety. There was in the house : William E. Collings 
(whom the Indians well knew, and from his unerring aim 
named Long Knife), his two children, John and Lydia, and 
Captain Norris. They kept the Indians back until about 
dark. They knew that as soon as it was dark enough for 
the Indians to approach the house without being seen they 
would set fire to it, and burn them alive. They therefore 
decided to risk the peril of escape. Lydia went first, then 
her brother John, followed by Norris, and lastly, "Long 
Knife." As the latter was passing the corn-crib an Indian 
fired at him. He immediately raised his gun to return the 
fire, when he found that the ball fired by the savage had 
broken the lock of his gun. He hallooed to Norris to 
bring him the other gun, but Norris was like the Irishman, 
"He had a brave heart, but cowardly pair of legs," and 
they carried him away, leaving Collings to fight the In- j 

dians alone with a broken gun. When they crowded him 
too close he w r ould raise his gun and pretend that he was 
going to fire, and thus frighten them back ; for they knew, 
from the many shooting-matches in which he came out 
second to none, that it was folly to stand before his aim. 
In this way he reached the corn-field, under cover of which 
he escaped. After plundering the houses the Indians set 
fire to them and most of the dead bodies being within the 
houses were thus consumed. However, some of the chil- 
dren were pierced by sharp sticks and left sitting against 
the trees. Their horrible deed accomplished, the Indians 
started northward. A large force of Clark county militia 
were soon gathered from the vicinity of Charlestown, which 
reached the scene of carnage while the smoking remains 
of the cabins and charred bodies presented the most hor- 
rible spectacle they had ever witnessed. They immedi- 



1 
I 



1 34 - / 1 r LOUGIIER Y'S DEFEA T, ETC. 

ately pursued the savages to the Muscatatuck, which they 
found so much swollen that they could not effect a crossing, 
and were compelled to give up the pursuit. They then re- 
turned and buried the remains of the victims in two 
graves about one hundred yards east of the J., M. & I. 
railroad, and near what is since known as the Pigeon- 
roost or Sodom Cemetery. At present there is nothing 
to show where the graves are except three or four rough 
stones and a large sassafras tree, which is said to have 
witnessed the event, but is now thought to be entirely 
dead. 



1 



pas i a^ ii i m » ^^'P ; -w-y ' W' | .-'y 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 

VOLUME II. NUMBER 5. 



A DESCRIPTIVE CATALOGUE 



OFFICIAL PUBLICATIONS 



TERRITORY AND STATE OF INDIANA 



FROM l80O TO 1890 



INCLUDING REFERENCES TO THE LAWS ESTABLISHING THE VARIOUS 

STATE OFFICES AND INSTITUTIONS. AND AN INDEX 

TO THE OFFICIAL REPORTS. 



By DANIEL WAITE HOWE 



INDIANAPOLIS : 

THE BOWEN-MERRILL CO., PUBLISHERS. 
1890. 



m 



I 



TABLE OF CONTENTS. 



Indiana Territorial Publications — 

Journals of Territorial General Assembly 143 

Laws of Governor and Judges 143 

Laws of General Assembly 144 

Indiana State Publications — 

Constitutional Convention Proceedings: 

Convention of 1816 145 

" 1851 : 145 

Legislative Proceedings: 

House and Senate Journals 146 

Documentary Journals and Annual Reports 148 

Brevier Legislative Reports 158 , 

Session Laws 159 

Revisions 162 

Reports of State Officers 164 

Adjutant-General 165 

Agent of State 167 

Agriculture, State Board 168 

Attorney-General 169 

Auditor of State 170 

Banks: State Bank 172 

Bank of State 174 

Blind Institute 174 

Canal Fund Commissioners 174 

Centennial Commissioner 176 

Charities, Board of State 176 

Colonization Board 176 

Commissary General 177 

Custodian of Public Buildings 177 

Deaf and Dumb Institution 177 

Equalization Board 179 

Feeble-Minded Youth 180 

(137) 



— — -" 



138 TABLE OF CONTENTS. 

Fisheries Commissioner 181 

Fund Commissioners 181 

* Geology and Natural Resources 181 

Governor: Messages 184 

Reprieves, etc 184 

Contingent Expenses, etc 184 

Health Board 185 

Horticultural Society 185 

Indianapolis, Agent of State for .- 186 

Insane Hospitals: Old Hospital.... 186 

Department for Women 189 

Additional Hospitals 189 

Insurance Commission 189 

" Commissioner 190 

Internal Improvement Board 190 

Kankakee River Commissioners 194 

Librarian, State 194 

Live Stock Sanitary Commission 195 

Loan Commissioners ,.' 196 

Michigan Road Commissioner '. 196 

Mine Inspector 197 

New Albany and Vincennes Turnpike Road 197 , 

Normal School 198 

Oil Inspector 198 

Prison, South 199 

" North 202 

Public Instruction: Superintendent of Common Schools 204 

" " Public Instruction 204 

Purdue University 205 

Quarter-Master General 206 

Reform School for Boys 207 

" " " Girls 208 

Secretary of State 209 

Sinking Fund 211 

Soldiers* and Sailors' Monument 212 

" " " Orphans' Asylum 212 

State Debt Sinking Fund 213 

State House Commissioners: Old State House 214 

, New " " 214 

Statistics, Bureau 216 

Swamp Land Records, Clerk 216 

Three Per Cent. Fund, Agent 217 

Treasurer of State ; 217 



flP P»gSP ' J j fMW 1 WW *" ! 1 - ffrw 






TABLE OF CONTENTS. 139 ^/^ 

University, Indiana.... 219 

Vienna Exposition Commissioner 220 

Wabash and Erie Canal, Trustees ,. 221 

Wabash River, Commissioner 223 

War Offices: Agent to Purchase Arms 224 

Allotment Commissioner 224 

Arsenal, State 224 

Draft Commissioner , 224 

Finance Bureau 224 

Gettysburg Soldiers* National Cemetery 224 

Hospital Surgeons 224 

Legion, Indiana 224 

Military Agents 224 

" Auditing Committee 224 

Ordnance Officer 224 

Pay Agents 224 

Paymaster, State 225 

Sanitary Commission 225 

Special Agents to visit troops, etc 225 

List of Reports now required to be published 225 

Supreme Court Reports 226 

Miscellaneous Reports.. 2.28 

Suggestions as to State Publications 230 



£Wrf9>^?^S!Tfc^ " 



PREFACE 



There is not now, and never has been, any catalogue of 
the official publications of Indiana. Very few know what 
they are, or the contents of them. They might as well be 
in Hebrew, so far as the general public is concerned. 

It is the object of this catalogue to tell what they are 
and, in a general way, what is in them. 

I presume that most persons look upon 4< official publi- 
cations v as belonging to that class of books charac- 
terized by James Russell Lowell as "Literature suited 
to desolate islands." I admit that they are. not as 
fascinating as the latest novel, but I affirm that there is a 
great deal of valuable and interesting reading in them. 
The books enumerated in this catalogue contain informa- 
tion which is indispensable to one who wishes to be famil- 
iar with the history of the State. They contain a great 
deal upon many topics of interest to the educator and the 
student. They show the record of Indiana from a begin- 
ning in the wilderness to the front rank of States — a rec- 
ord splendid in war and in peace. 

It is to be hoped that this and other publications of the 
Historical Society will entitle it to some favorable consid- 
eration from the public and the Legislature. A few of its 
members meet occasionally and do what they can to ex- 
cite interest in the history of Indiana. Whatever they 
publish is at their own expense. We are obliged, there- 
fore, to cultivate history as economically as the original 
publishers of the Edinburg Review, according to their 
motto, cultivated literature. 

(140 



..... ._ _.. . . . 



142 



PREFACE. 



But we are doing the best we can to dig out the wealth 
of historic treasure that lies buried in old books and mustv 
manuscripts, and, if we accomplish only a little, it will be 
that much gained for those who are interested in the study 
of Indiana history. Daniel Wait Howe. 

Feb, 20, 18 go. 



■g ^ i f^ f'fS^'w^^-'""^ - 



INDIANA TERRITORIAL PUBLICATIONS. 



Journals of Territorial General Assembly. — 'The 
proceedings of the Territorial General Assembly were 
published in the Western Sun, a newspaper printed at 
Vincenne's, by Elihu Stout. No other printed copies are 
now known to be in existence, although it is supposed by 
the Hon. William H. English, Mr. Jacob P. Dunn, Jr., 
and others, who have carefully investigated the matter, 
that the proceedings were separately printed and bound. 
Nor are any printed copies known to be in existence of 
any other territorial publication, except the laws. 

A record of rare historic value, the executive journal, 
kept by Gen. John Gibson, Secretary of the Indiana Ter- 
ritory, remains unprinted to this day in the office of the 
Secretary of State. 

Laws of Governor and Judges. — On May 7, 1800, 
Congress passed an act for the organization of the Indiana 
Territory, to take effect from and after July 4th of that 
year. By that act the law-making power was vested in 
the Governor and territorial judges, with certain restric- 
tions, until the organization of a Territorial General As- 
sembly. The only complete set of the laws adopted by 
the Governor and Judges, as originally printed, now cer- 
tainly known to exist, is owned by Judge John H. Stotsen- 
burg, of New Albany, Indiana. The laws of the Gov- 
ernor and Judges, and of the first and second sessions of 
the first Territorial General Assembly were reprinted and 
published in one volume, by Throop & Clark, Paoli, Ind., 
in 1886. 

(H3) 



144 INDIANA TERRITORIAL PUBLICATIONS. 

The sessions of the Governor and Judges at which laws 
were adopted, were held as. follows : 

First session begun January 12, 1801. 

Second " " January 30, 1802. 

Third " " February 16, 1803. 

Fourth ** " September 20, 1803. 

Laws of General Assembly. — There were five Terri- 
torial General Assemblies, at which laws were passed, of 
two sessions each. At the first session of the second Gen- 
eral Assembly, a revision, prepared by John Rice Jones 
and John Johnson, was adopted, and by an act passed at 
the same session all former territorial laws, in force at the 
beginning of the session, and not incorporated in the re- 
vision, were repealed. This is known as the * 'Revision 
of 1807." The only complete .set of the laws of the 
General Assembly, as originally printed, certainly known 
to exist, is owned by Mr. William Farrell, of Paoli, 
Indiana. 

There was, also, published in 1815, as a private compi- 
lation, and not by authority of the General Assembly, a 
volume entitled: "A Compend of the Acts of Indiana, 
from the year eighteen hundred and seven until that of 
eighteen hundred and fourteen, both inclusive. By Gen- 
eral W. Johnston, of Vincennes. From the press of Elihu 
Stout, Vincennes." Pages, 128. 

The sessions of the General Assembly at which laws 
were enacted, were held as follows : 

First General Assembly, first session, begun July 29, 1805. 

second " " Nov. 3, 1806. 

Second General Assembly, first session, begun Aug. 16, 1807. 

second " " Sept. 26, 1808. 

Third General Assembly, first session, begun Nov. 12, 1810. 

second " " Nov. 11, 181 1. 

Fourth General Assembly, first session, begun Feb. 1, 1813. 

second " " Dec. 6, 1813. 

Fifth General Assembly, first session, begun Aug. 15, 1814. 

second " " Dec. 4, 1815. 



g^gg^r^w - 






INDIANA STATE PUBLICATIONS. 



The State publications may be conveniently classified 
as follows : 

1. Proceedings of Constitutional Conventions. 

2. Legislative Proceedings, including — 

a. House and Senate Journals. 

b. Documentary Journals and Annual Reports. 

c. Brevier Legislative Reports. 

3. Laws, including — 

a. Session Laws. 

b. Revisions. 

4. Reports of State officers, etc. 

5. Supreme Court Reports. 

6. Miscellaneous. 

Proceedings of Constitutional Conventions. — 
The first constitutional convention was convened at Cory- 
don June 10, and adjourned June 29, 1816. Its proceed- 
ings are contained in a journal of one volume. 

The second constitutional convention convened at In- 
dianapolis October 7, 1850, and adjourned February 10, 
1851, the Constitution adopted providing that it should 
take effect on the first day of November, 185 1, and that 
it should supersede that of 1816. Its proceedings are 
contained in a journal of one volume and two volumes of 
debates. 



1816. Journal of the convention of the Indiana Territory begun and 
held at the town of Corydon, in the county of Harrison and Territory 
aforesaid, on the second Monday in June, being the tenth day thereof, 
in the year of our Lord one thousand eight hundred and sixteen, and of 

(145)" 



146 INDIANA STATE PUBLICATIONS. 

the independence of the United States the fortieth. Louisville. 1816. 
1 vol. 

1851. Journal of the convention of the people of the State of Indiana 
to amend the Constitution, assembled at Indianapolis, October, 1850. In- 
dianapolis. 1851. 1 vol. 

Report of the debates and proceedings of the convention for the re- 
vision of the Constitution of the State of Indiana, 1850. Indianapolis. 
1850. 2 vols. 

Legislative Proceedings — Mouse and Senate Journals. 
— These are the Journals of the two branches of the Gen- 
eral Assembly, beginning with the first session. The 
Constitution of 1816 provided for annual sessions of the 
General Assembly, the first to be held on the first Monday 
in November of that year, and subsequently on the first 
Monday in December in each year, unless a different time 
should be fixed by law. They were so held, except in a 
few instances mentioned below, until after the adoption of 
the Constitution of 185 1, which provided that a session of 
the General Assembly should be held on the first Monday 
in December, 185 1, and that thereafter the sessions should 
be held " biennially, commencing on the Thursday next 
after the first Monday in January, in the year one thous- 
and eight hundred and fifty-three, and on the same day 
of every second, year thereafter," unless a different day 
should be appointed by law, but giving the Governor the 
power, by proclamation, to call a "special session." 
Under the Constitution of 1851 various special sessions 
have been held, commencing at the dates mentioned be- 
low. These are sometimes designated as "called," but 
usually as "special" sessions. 

The House and Senate Journals contain, besides the pro- 
ceedings of the two legislative bodies, many documents of 
various kinds, such as messages of the Governor, reports, 
etc. In some instances the same document is printed in 
both House and Senate Journals, and also in the Docu- 
mentary Journals and Annual Reports. These Journals 



pppwpwr^pw 






r r mn t ~.-~-r- ■ - ^—.^-r--. 



INDIANA STATE PUBLICATIONS. 



H7 



are not regularly numbered, and are cited by the number 
of the session or year. The 43d session is styled the 43d, 
and the error in numbering has been continued in the sub- 
sequent sessions. The Journals prior to those for the 18th 
session (1833-4) are not indexed. 

The following is a complete list of the House and Sen- 
ate Journals : 



No. of Session. 



Year. 



When Begun. 



No. of Vols. 
House. Senate. 



1.. 1816-17 Nov. 4, 

2 1817-18 Dec. 1, 

3 1818-19 Dec. 7, 

4 1819-20 Dec. 6, 

5 1820-21 Nov. 27, 

6 ....1821-22 Nov. 19, 

7 1822-23 Dec. 2, 

S 1823-24 Dec. 1, 

9 1824-2:; Jan. 

10 1825-26 Dec. 

11 1826-27 Dec. 

12 1827-28.. Dec. 

13 1828-29 Dec. 

14 1829-30 Dec. 

15 1S30-31 Dec. 

16 1S31-32 Dec. 

17 1832-33 Dec. 

iS 1833-34 Dec. 

19 1834-35 Dec. 

20 1835-36 Dec. 

21 1836-37 Dec. 

22 '. 1837^38 Dec. 

23 1838-39 Dec. 

24 1839-40 Dec. 

25 1840-41 Dec. 

26 1841-42 Dec. 

27 1842-43 Dec. 

28 1843-44 Dec. 

29 1844-45.... Dec. 

30 1845-46 Dec. 

V 1S46-47 Dec. 

\2 1S47-4S Dec. 

33 i84S-49....;....Dec. 

34 1849-50 Dec. 

35 1S50-51 Dec. 30, 

3 6 Reg 1851-52 Dec. 1, 

37 Reg 1853 Jan. 6, 

38 Reg 1855 Jan. 4, 

39 Reg 1857 Jan. 8, 

« Special 1858 Nov. 20, 



10, 
5> 
4> 
3' 
U 

I » 

6, 

5> 
3> 
2, 
*i 
7> 
5> 

4, 

-> 

o> 

2, 

7, 
6, 
5» 
4. 
2, 
1, 

7» 
6, 
4. 
3. 



816. 
817. 
818. 
819. 
820. 
821. 
822. 
823. 

S25. 
825. 
826. 
S27. 
828. 
829. 



'3 1 

832 

833 

834 

S35 

S36 

837-... • 

83S 

839 

840 

841 

842.. 

843 

844 

845 

846 

847 

848 

849 

850 



853. 
855. 
857. 
858. 



■rTrr-- r.--"*TrT— - -- "- 



I48 



INDIANA STATE PUBLICATIONS. 



No. of Session. 



Year. 



When Begun 



40 Reg !859. 

41 Reg. 1S61. 

Special 1S61. 

43 Reg 1861. 



No. of Vols. 
House. Senate. 

Jan. 6, 1&59 1 i 

Jan. 10, 1S61 1 

.April 2.4, 1S61 1 

Jan. 8, 1S63 1 



Called 1S65 Nov. 13, 1865 1 

45 Reg. 1867 Jan. 10, 1867 2 

46 Reg 1869 Jan. 7, 1S69 1 

Special 1869 April 8, 1869 1 

47 Reg. 1871 Jan. 5, 1871 1 

Special 1S72 Nov. 13, 1S72 1 

4 8 R eg i373 Jan. 9. lS 73 l 

49 Reg. and) 1S75 Jan. 

Special ) " .Mar. 

50 Reg. and) 1877 ...Jan. 

Special f " Mar. 

51 Reg. and^ *879 Jan. 

Special f " Mar. 11. 

52 Reg. and) 1881 Jan. 6 

Special J " Mar. 8, 

53 Reg. 1S83 Jan. 4. 

54 Reg. and) 1885 Jan. 8 : 

Special ) " Mar. 10, 

55 Reg. 1887 Jan. 6, 



1S75. 
1877." 
1879'. 
18S1' 

iss 3 : 



18S7 1 

Total 62 



60 



Documentary yournah and Annual Reports. — These 
were formerly variously entitled "Documents," "Senate 
and House Documents," "Documentary Journals," etc. 
Since the 27th session, (1842-43), they have sometimes 
been labeled as "Documentary Journals," and sometimes as 
"Annual Reports." Documents and reports of the kind in- 
cluded in them were originally included in, and printed as 
part of, the House and Senate Journals. On December 
16, 1835, a resolution was adopted by the House of Repre- 
sentatives ordering the public printer to print one thousand 
copies of the Journals of the House and three hundred 
copies of public documents in separate volumes, and "that 
in this volume of documents shall be printed all reports 
made to this House in pursuance of any law or resolution 
of this House, in the order they are presented," etc. 
House Journal, 20th session (1835-36), p. 62-3. A further 



; 



P8l!0(as^><rr*rfr^^ 



.. 



INDIANA STATE PUBLICATIONS. 



I 49 



resolution was adopted, ordering the printing of three 
hundred copies of all reports and other papers ordered to 
be printed for the use of the House, and that the same 
should be bound with, and constitute part of, the journals 
of reports and documents before provided for. Id. y p. 72. 
At the same session a resolution was adopted, directing 
the Secretary of State to index the journals and docu- 
ments. Id., p. 142. This seems to have been the begin- 
ning of the binding of such reports and documents in 
separate volumes. No law in regard to them was enacted 
until 1839, when an act was passed directing what docu- 
ments should go into the "Documentary Journals," that 
they should be continuously paged and indexed, and how 
arranged, bound, etc. The act also provided that "no 
document or report directed by this act, or may be directed 
by either branch of the General Assembly, to be placed 
in the Documentary Journal, shall be journalized in the 
journal of the Senate or of the House." Laws, 1839, 
p. 46. 

Until the adoption of the Constitution of 1851, provid- 
ing for biennial sessions of the General Assemby, the 
Documentary Journals were printed yearly, and contained 
only the documents and reports submitted to the General 
Assembly or to one of its branches. By the Revised 
Statutes of 1852 (vol. 1, p. 436), the Secretary of State 
was required to prepare and deliver to the State Printer 
"a properly digested index * * * of the Documentary 
Journals," etc. 

The public printing act of April 13, 1885 (1885, p. 215), 
provides for the annual publication of 1,600 copies of the 
Documentary Journals, but does not specify what reports 
or other documents shall be included in them. 

Many of the Documentary Journals and Annual Reports 
are put together very carelessly, not being continuously 
paged and indexed as originally provided, the documents 



--.., .. , - """ wn *i 



IS© 



INDIANA STATE PUBLICATIONS. 



in several of them not being bound in numerical order, or | 
not numbered at all, several of the volumes being wrongly 
numbered or labeled, and in other ways very imperfectly 
gotten up. 

For many years the volumes have been made up by I 
binding together the documents contained in them with 
the original paging thereof, and without any indexes, but 
they have usually contained tables of contents. They are 
not regularly numbered, and are cited by the number of 
the session or year. 

The following is a complete descriptive catalogue of the 
Documentary Journals and Annual Reports, beginning 
with the first volume (1835-6), to the volumes for 1888 in- 
clusive, indicating also whether the reports contained in 
them were submitted to the Governor or to the General 
Assembly, and, if to the latter, at what session : 

1835-6. 20TH Session. Dec. 7, 1835. — Title on back, "Reports of 

1835-6." No title page. 

Volume as printed contains no index nor table of contents, and is not 
continuously paged. Contains reports submitted to Twentieth General 
Assembly. A few of the documents are marked "Senate," but most of 
them "H. R." 1 vol. 
1836-7. 2 ist Session. Dec. 5, 1836. — Title on back, "Documents of 

1836-7." No title page. 

Volume as printed contains no index nor table of contents, and is not 
continuously paged. Contains reports, all marked "H. R.,'" submitted to 
Twenty -first General Assembly. 1 vol. 
1837-8. 22D Session. Dec. 4, 1837. — Title on back, "Documents, 

1837-8." 

Title page, "Documents of the House of Representatives at the 
Twenty-second Session of the General Assembly of the State of Indiana, 
begun and held in the Town of Indianapolis, December 4, 1837." Vol- 
ume as printed contains no index nor table of contents, and is not con- 
tinuously paged. Contains reports and documents submitted to Twenty- 
second General Assembly, all marked "H. R.," except the last, which 
is a "report of a Geological Reconnoisance," etc., addressed "To the 
Honorable the Legislature of Indiana." 1 vol. 
1838-9. 23D Session. Dec. 3, 1838. — Title on back, "Documents, 

1838-9." No title page. 



W/ m mg m m mmm m mmm , ■ - ' — 



INDIANA STATE PUBLICATIONS. 



*5* 



Continuously paged, with index. Contains Governor's message and 

documents, continuously numbered, marked "Doc. No. , House of 

Representatives," submitted to Twenty-third General Assembly, i vol. 
1839-40. 24TH Session. Dec. 2, 1839. — Title on back, "Sen. & House 
Documents, 1839-40." 

In two parts, bound in one volume. Part 1st entitled, "Documents 
of the Senate of Indiana, Twenty-fourth Session." Part 2d entitled, 
"Reports made to the House of Representatives at the Twenty-fourth 
Session," etc. Each part continuously paged, with separate index. 1 vol. 
1S40-41. 25TH Session. Dec. 7, 1840. — Title on back, "House and 
Senate Documents, 1S40-41." 

In two parts, bound in one volume, without title pages, but each part is 
continuously paged, and has separate table of contents. Contains docu- 
ments and reports submitted to Twenty-fifth General Assembly. 1 vol. 
1841-2. 26th Session. Dec. 6, 1841. Title on back, "Senate and House 
Pocuments, 1841-2." 

In two parts, bound in one volume. Title page of part 1st, "Docu- 
ments of the Senate at Twenty-sixth Session," etc. Title page of part 
2d, "Documents of trie House of Representatives," etc. Each part is con- 
tinuously paged, and has separate table of contents. The documents are 
also continuously numbered. 1 vol. I 

1842-3. 27TH Session. Dec. 5, 1842. — Title on back, "Senate and 
House Documents, 1842-3." 

In two parts, bound in one volume. Part 1st entitled, "Documents of 
the Senate at the Twenty-seventh Session," etc. Part 2d entitled, "Doc- 
uments of the House of Representatives," etc. Each part is continuously 
paged and has table of separate contents. 1 vol. 
1S43-4. 2Sth Session. Dec. 4, 1S43. — Title on back, "Documentary 

Journal, 1843-4." j 

In two parts, bound in one volume. Part 1st entitled, "Documents of 
the House of Representatives at the Twenty-eighth Session," etc. Part 
2d entitled, "Documents of the Senate," etc. Each part is continuously 
paged and has separate table of contents. 1 vol. 

1844-5. 29TH Session. Dec. 2, 1844. — Title on back, "Documentary 
Journal, 1844-45." 

In two parts, numbered " Part First " and " Part Second," bound in one 
volume, each entitled "Documents of the Twenty-ninth Session," etc. 
Each part is continuously paged and has separate table of contents. 1 
vol. 

1845-6. 30TH Session. Dec. 1, 1845. — Title on back, " Documentary 
Journal, 1S45-46." 
In two parts, numbered "Part First" and "Part Second,'" bound in one 



,., - .. . „ ■ - . , / l? ^ r ^,^ r ^,^ r -->.rr- T - ,--, 



« em !g ffl*w }L ' ' 



1^2 



INDIANA STATE PUBLICATIONS. 



volume, each entitled "Documents of the General Assembly of the State 
of Indiana at the Twenty -Ninth {thirtieth) Session," etc. Each part is 
continuously paged and has separate table of contents, i vol. 
1846-7. 31ST Session. Dec. 7, 1846. — Title on back, "Documentary 
Journal, 1846-47." 

In two parts, numbered "Part First" and "Part Second," bound in 
one volume, each entitled "Documents of the General Assembly of In- 
diana at the Thirtieth {thirty-first) Session," etc. Each part is continu- 
ously paged and has separate table of contents. 1 vol. 
1847-8. 32D Session. Dec. 6 1847. — Title on back, "Documentary 

Journal, 1847-48." 

In two parts, numbered " Part First " and " Part Second," bound in one 
volume, each entitled " Documents of the General Assembly of Indiana 
at the Thirty-First {thirty-second) Session, commencing December 3, (6) 
1S47." Each, part is continuously paged and has separate table of con- 
tents, vol. 1. 
184S-9. 33D Session. Dec. 4, 184S. — Title on back, "Documentary 

Journal, Indiana, 184S." 

In two parts, numbered " Part First " and " Part Second," bound in 
one volume, each entitled " Documents of the General Assembly of In- 
diana at the Thirty-Third Session," etc. Each part is continuously 
paged and has separate table of contents. 1 vol. 
1849-50. 34TH Session. Dec. 3, 1849. Title on back, " Documentary 

Journal, 1849-50." 

In two parts, bound in one volume. Each part is continuously paged. 
" Part 1 " is entitled "Documents of the General Assembly of Indiana at 
the Thirty-Third {thirty-fourth) Session." " Part First " and has table 
of contents. "Part Second " is not numbered, has no title page nor table 
of contents. 1 vol. 
1850-1. 35TH Session. Dec. 30, 1850. — Title on back, "Documentary 

Journal, 1850-1." 

In two parts, numbered " Part First " and " Part Second," bound in one 
volume, each entitled "Documents of the General Assembly of Indiana at 
the Thirty-fifth Session," etc. Each part i* continuously paged and has 
separate table of contents. 1 vol. 

1851-2. 36TH Session. Dec. i, 1851.— Title on back, " Documentary 
Journal, 1851-2." 

In two parts, numbered "Part First" and "Part Second," bound in 
one volume, each entitled " Documents of the General Assembly of In- 
diana at the Thirty-sixth Session, "etc. Tfofc documents in Part First 
before page 73 are not continuously paged, Vmt Second is continuously 
paged. Each part has separate table of coi.f- ?*?*. 1 vol. 



':-• 



& 



INDIANA STATE PUBLICATIONS. 153 

iSn-""3- 37 th Session - . Jan. 6, 1S53. — Title on back, " Documentary 

Journal, 1852-53." 

In two parts, numbered " Part First" and " Part Second," bound in one 

volume, each entitled " Documents of the General Assembly of Indiana at 

the Thirty-seventh Session," etc. Each part is continuously paged and 

h.is separate index. 

8^3. Governor. — Title on back, "Documentary Journal, Indiana, 

1S54." No title page. 

Is not continuously paged, and, as printed, has no index nor table of 
contents. Contains reports submitted to Governor for year 1853. 1 vol. 
1354-5. 3STH Session. Jan. 4, 1855. — Title on back, " Documentary 

Journal, Session 1S55." 

In two parts, numbered " Part First," and " Part Second," bound in 
one volume, continuously paged and indexed. Each part is entitled, 
" Documents of the General Assembly of Indiana at the Thirty-eighth 
Session," etc. 1 vol. 
1S55. Governor. — Title on back, " Documentary Journal, 1855-6." 

In two parts, numbered " Part First " and " Part Second," bound in 
one volume. Each partis entitled, "Reports of the Officers of the State 
of Indiana to the Governor, required by law to be made to him in the ab- 
sence of the General Assembly for the year ending Nov. (Oct.) 31, 1855." 
Each part is continuously paged and has separate index. 1 vol. 
1856-7. 39TH Session. Jan. 8, 1S57. 

In two parts, bound separately. Part First entitled on the back, 
"Documentary Journal, Part 1, 1S57;" Part Second entitled on back, 
" Documentary Journal, Part 2, 1857." Title page of each, " Documents 
of the General Assembly of Indiana at the Thirty-ninth Session," etc. 
Each part is continuously paged and indexed. 2 vols. 
1857. Governor. — Title on back, " Documentary Journal, 1857." 

In two parts, numbered " Part First " and " Part Second," bound in 
one volume, each entitled, " Reports of the Officers of State of the State 
of Indiana, to the Governor, for Year 1857." Each part is continuously 
paged and has separate index. 1 vol. 
1858-9. 40TH Session. Jan. 6, 1859. — Title on back, "Documentary 

Journal, 1858-9." 

In two parts, numbered " Part 1 " and " Part 2," bound in one volume, 
each entitled " Documents of the General Assembly of Indiana, at the 
Fortieth Session," etc x Each part is continuously paged and has sepa- 
rate index. 1 vol. 
!359. Governor. — Title on back, " Documentary Journal, 1859-60." 

In two parts, numbered " Part First " and " Part Second," bound in 
one volume, each entitled, " Reports of !the Officers of the State of Indi- 



— — -"- -■■ — -; - 



154 INDIANA STATE PUBLICATIONS. 

ana, to the Governor, for the years 1859 and i860." Contains reports for 
1859, but none for i860. Each part is continuously paged and has sepa- 
rate index. 1 vol. 
1860-1. 41ST Session. Jan. 10,1861. — Title on back, " Documentary 

Journal, 1S61." 

In two parts, numbered " Part 1 " and " Part 2," bound in one volume, 
each entitled, " Documents of the General Assembly of Indiana at the 
Forty-first Session," etc. Each part is continuously paged and has sepa- 
rate index. 1 vol. 
1861. Governor and Special Session. April 24, 1861. — Title or. 

back, " Documentary Journal. To the Governor, 1861." 

Title page, "Reports of the Officers of the State of Indiana, to the 
Governor, for the Years i860 and 1S61." Contains, also, messages of 
Governor Morton to the General Assembly at its extra session, April 24, 
1861. Continuously paged and indexed. 1 vol. 

1862-3. 42D Session. Jan. 8, 1863. — Part 1. Title on back, " Docu- 
mentary Journal, 1862." 

Title page, " Documents of the General Assembly of Indiana at the 
Forty-third {Forty-second) Session, begun on the tenth (eighth) day of 
January, 1863." Continuously paged and indexed. There is an error in | 
paging (see p. 160). The index omits report of State Librarian on page 
145. 1 vol. 
1862-3. Continued. Part 5, vol 1. — Title on back, " Documentary 

Journal, Part 2, vol 1, 1863." 

Title page, " Documents of the General Assembly of Indiana, at the 
Forty-second Regular Session," etc. Continuously paged and indexed. 
1 vol. 
1862-3. Continued. Part 2, vol. 2. — Title on back, " Documentary 

Journal, Part 2, vol. 2, 1863." 

Title page, "Documents of the General Assemdy of Indiana at the 
Forty-second Regular Session," etc. This volume is continuously paged, 
beginning with page 899, in continuation of paging of vol. 1, the last page 
of which is 898; has index. 1 vol. 
1862-3. Continued. Part 2, vol. 3. — Title on back, "Documentary 

Journal, Part 2, vol. 3, 1S63." 

Title page, "Documents of the General Assembly of Indiana at the 
Forty-second Regular Session," etc. This volume is continuously paged, 
beginning with page 1,335, * n continuation of paging of vol. 2, the last 
page of which is 1,334; contains only the report of Indiana Arsenal. 
1 vol. 
1863. Governor. — Title on back, "Documentary Journal, 1S63." 

Title page, "Reports of the Officers of State of the State of Indiana 



■Mp^aijau igHw^^ -■■ . ■• 



INDIANA STATE PUBLICATIONS. 1 55 

W the Governor, for the year 1S63." Is continuously paged and indexed. 
t vol. 

1864-5. 430 Session. Jan. 5, 1865. Part 1. — Title on back, "Docu- 
mentary Journal, 1864." 

Title page, "Documents and Annual Reports of Officers and Public 
Institutions of the State of Indiana to the Legislature, for the year 1864." 
Continuously paged and indexed. The index is entitled, "Index, Part 1, 
▼ol. 1." 1 vol. 

1S64-5. Continued. Part 2. — Title on back, "Documentary Journal, 
Part 2, 1S65." 

Title page, "Documents of the General Assembly of Indiana at the 
forty-third regular session, begun on the 5th day of January, A. D. 1865, 
Part 2." Continuously paged, with table of contents. There is an error 
in paging after page 200. 1 vol. 

:S65-6. Governor. Special Session. Nov. 13, 1865. 44TH Ses- 
sion. Jan. 10, 1S67. Title on back, "Documentary Journal, Part 1, 
1866." 

Title page, "Documents of the General Assembly of Indiana at the 
forty-third regular session, begun on the 5th of January, A. D. 1865." 
la continuously paged, and has table of contents referring to documents 
by number, but not by pages. It contains no documents submitted to 
the forty-third session, but contains ieports of State officers to the Gov- 
ernor for the year 1S65, the message of Gov. Morton to special session, 
begun November 13, 1865; and also fourteenth annual (third biennial), 
report of Superintendent of Public Instruction, dated December 31, 1866, 
tor years ending August 31, 1S65, and August 31, 1866, submitted to 
forty -fourth (designated in next volume as forty -fifth) regular session, and 
which should have been bound in next volume (1S66-7). 1 vol. 
1866-7. 45 th Session. Jan. 10, 1867. — Title on back, "Documentary 
Journal, Part 1, 1S67." 

Title page, "Documents of the General Assembly of Indiana at the 
forty-fifth regular session, begun on the 10th day of January, A. D. 
1867." Is not continuously paged. Has table of contents referring to 
documents by numbers. The documents are designated as belonging to 
'"Part II." The session was, in fact, the forty-fourth session, but the 
error in numbering is continued in subsequent volumes. 1 vol. 
1867-8. Governor. 46TH Session. Jan. 7, 1869. — Title on back. 
"Documentary Journal, Part 1, 1867-68." 

Title page, "Documentary Journal of the General Assembly of the 
State of Indiana. Part 1, for 1867-1868. It is not continuously paged 
after page 280, and, as printed, has no index nor table of contents. It con- 
tains some reports of State officers to Governor for year 1867; also the 
following, which were probably submitted to the Forty-sixth regular ses- 



„_ rTr _ iT ,.,, r __ ........ - ■• . 



156 INDIANA STATE PUBLICATIONS. 

sion, beginning January 7, 1S69, and which should have been bound a, 
"Part 1," for 1868-9, viz - : 

Document No. 7, pt. t, Twentieth Annual Report Hospital for Insane, 
for the year 1868. 

Document No. 8, pt. 1, Annual Report of State Prison South, for 
1868. 

Document No. 9, pt. 1, Annual Report Trustee Wabash and Eric, 
Canal for 1867-68. 

Sixteenth Annual (fourth biennial) Report of Superintendent of Pub- 
lic Instruction, for 1867-186S. 

All the documents in the volume are designated as belonging to "Part 
1," but are not bound in numerical order; two have same number, and 
one has no number 1 vol. 
1868-9. 46TH Session. Jan. 7, 1869. Special Session. April S, 

1S69. — Title on back, "Documentary Journal, 1S69." I 

Title page, "Documentary Journal of the Genernal Assembly of the 
State of Indiana. Part II for 1869." It is not continuously paged, and 
as printed has no index nor table of contents. Contains report of State 
officers for 1868, submitted to Forty-sixth Session, begun January 7, 1869; 
also, a committee report submitted to Special Session, begun April S, 
1S69, and a collection of school laws and opinions, issued by the Super- 
intendent of Public Instruction, dated June 1, 1869. Some of the docu- 
ments are designated as belonging to "Part I," one to "Part II," and 
some are not designated as belonging to either, and have no number. It 
seems that the documents in this and preceding volume were designed to 
be bound in parts, designated as Part I and Part II, for 186S-9, but have 
been improperly arranged. 1 vol. 
1869. Governor. — Title on back, "Annual Reports, Indiana, 1868." No 

title page. 

Not continuously paged, and as printed has no index nor table of con- 
tents. Contains reports of State officers to Governor for year 1869. 1 vol. 
1870-1. 47TH Session. Jan. 5, 1871. 

In two volumes, respectively entitled on the back, " Documentary 
Journal," "Vol. 1," "Vol. 2," "1870-1." Title page of each volume, 
" Documentary Journal of the General Assembly of the State of Indi- 
ana." Neither volume is continuously paged, and neither as printed has 
any index or table of contents. They contain documents and reports 
submitted to Forty-seventh Session, begun January 5, 1871. 2 vols. 
1871. Governor. — Title on back, " Documentary Journal, 1871." 

Title. page, " Documentary Journal of the General Assembly of the 
State of Indianafor 1871." Not continuously paged, and as printed has 
no index nor table of contents. It contains no documents nor reports 
submitted to the General Assembly, but only reports of State officers to 



INDIANA STATE PUBLICATIONS. 1^7 

Governor for rear 1S71. These are bound up indiscriminately without re- 
gard to numerical order. They are alJ designated as belonging to "Part 
I;' There does not seem to be any " Part II." 
1S72-3. 48TH Session. Jan. 9, 1873. Special Session. Nov. 13, 

1872. — Title on back, " Documentary Journal, 1S72-73." No title page. 

Not continuously paged. As printed, has no index nor table of con- 
tents. Contains reports and documents to Governor and Forty-eighth' 
Session; also, message of Governor Baker to Special Session begun No- 
vember 13, 1S72. 1 vol. 
1S73. Governor. — Title on back, " Annual Reports of Indiana, 1S73." 

Title page, " Annual Reports of the Officers of State of the State of i 

Indiana, and of the Trustees and Superintendents of the several Benevo- 
lent, Reformatory and Educational Institutions thereof, required by law 
to be made to the Governor, for the year ending December 31, 1873." ~ NC)t 
continuously paged, and has no index, but the preface indicates the con- 
tents. 1 vol. 
1S74-5. 49TH Session. Jan. 7, 1875. 

In two volumes, entitled on back, " Documentary Journal, Indiana." 
" Part I, 1S74-5." " Part H < l8 74-5-" Title page of each volume, " Leg- 
islative Documents, Including Message of the Governor and the Annual 
Reports of 1S74 Transmitted therewith to the General Assembly of the 
State of Indiana in Forty-ninth Regular Session, begun January 7, 1S75." 
Neither volume is continuously paged, but each has a separate index re- 
ferring to documents by numbers. 2 vols. 
1S75. Governor. Title on back, " Annual Reports, Indiana, 1875." 

! Title page similar to that of 1S73. Contains reports of State Officers 

to Governor for 1875. ^*°t continuously paged, and has no index, but 
preface indicates contents. 1 vol. 
1876-7. 50TH Session. Jan. 4, 1877. 
S' In two volumes, entitled on back, " Documentary Journal, Indiana." 

'* Part I, 1876-7." " Part II, 1876-7." Title page of each, "Annual Re- 
ports of 1S76 submitted to the General Assembly of the State of Indiana 
in Fiftieth Regular Session," etc. Neither volume is continuously paged, 
but each has index referring to documents by numbers. 2 vols. 
! 377- Governor. Title on back, " Annual Reports Indiana, 1877." 

Title page similar to that of 1S73. ^ s n °t continuously paged. No in- 
dex, but preface indicates contents. 1 vol. 

1S7S-9. 51ST Session. Jan. 9, 1879. — ^ n two volumes, entitled on back, 
"Documentary Journal, Indiana," "Part I, 1878-9;" "Part II, 
1878-9." 

Title page of each volume, " Annual Reports of 1878 Submitted to the 
General Assembly of the State of Indiana in Fifty-first Regular Session," 



•-■•■• $&&%*■ 



^8 INDIANA STATE PUBLICATIONS. 

etc. Not continuously paged. Each volume has inde xreferring to docu- 
ments by numbers. 2 vols. 

The volumes subsequent to 1878-9 to 188S, inclusive, contain annual 
and biennial reports for each year. They are not continuously paged, but 
each has index referring to documents by numbers. They are all entitled 
on back, " Annual Reports of Indiana," e'xeept volumes for 1886 and 188S, 
which are entitled " Documentary Journal." 
1879. Governor. — Parts 1 and 2. 2 vols. 
1S80. 52 d Session. Jan 6, 1SS1. — Parts 1 and 2. 2 vols. 
1881. Governor. — Part 1, no Part 2. 1 vol. 
1SS2. 53D Session. Jan. 4, 1SS3. — 1 vol. 
1S83. Governor. — 1 vol. 

1884. Contains reports "Required by law to be made to the Governor," 
for the year ending October 31, 1S84, but were those by him submitted 
to the Fifty-fourth Session, January 8, 18S5. 1 vol. 

1885. Governor. — Erroneously marked as " 1886." 1 vol. 

1886. Contains reports "Required by law to be made to the Governors," 
for year ending October 31, 1SS5, but were those by him submitted to 
Fifty-fifth Session, January 6, 1887. 1 vol. 

18S7. Governor. — 1 vol. 

1888. 56TH Session. Jan. 10, 1889. — Parts 1 and 2. 2 vols. 

. Brevier Legislative Reports. — These are condensed re- 
ports of the debates and proceedings of the General Assem- 
bly of the State of Indiana. They are variously entitled upon 
the backs of them, but upon the title pages are designated 
as "Brevier Legislative Reports," except volume i, which 
is entitled "The Legislative Sentinel. " They were begun 
in 1858 by W. H. and A. E. Drapier, and continued by 
W. H. Drapier. None of the volumes were published by 
authority of the State, but they are of a semi-official char- 
acter from the fact that the reporters were, during all, or 
most of the time, the official stenographers of the General 
Assembly, and contracts were made with them from time 
to time by the House and Senate for the purchase of some 
of the volumes. 



. .. I 

I 



10 ) 

1 

20) 



INDIANA STATE PUBLICATIONS. 1 59 

The following is a complete list of these reports : 

Vol. Session. Year. Vols. 

1 Special 1S58 1 

2 Regular 1859 1 

3* 

4 Regular 1861 1 

5 Special 1861 1 

6 Regular 1863 .1 

7 Regular 1865 1 

8 Special 1865 1 

9 Regular 1867 1 

10 Regular 1869 1 

11 Special 1869 1 

12 Regular 1871 1 

13 Special 1872 1 

14 Regular 1 &7Z- 1 

*5t 
16J 

17) (Regular) 
J- < and J- 1879 1 

18) (Special ) 
(Regular) 

-j and V 1881 1 

(Special ) 
21 Regular 1883 1 

22 ) ( Regular ) 
[ -J and I 1885 1 ¥ 

23) (Special ) 
24 Regular 1887 1 

* Is said by Mr. Drapier, the reporter, to have been printed, but never 
published nor bound, and to contain only some 14 or 15 pages. 

t Was never published. It was intended to include regular and special 
icssions of 1875. 

X Was never published. It was intended to include regular and special 
sessions of 1877. 

Laws — Session Laws. — As the sessions under the Con- 
stitution of 18 16 usually began in December, the greater 
part of the laws of the session would not be enacted until 
the January following, and so the laws are usually desig- 
nated as of the year following the date of the commence- 
ment of the session. Thus the laws adopted at the first 
session, begun in November, 1816, are cited as "Laws 
1817." 

Before the adoption of the Constitution of 185 1, which 
greatly curtailed special legislation, there were many 



.-'--• ■ -.-■■ tr ■ ■ ■■• ■ ■ ■ 



K5o INDIANA STATE PUBLICATIONS. 

laws of private or local character. Those of 1818, 1824 
and 183 1 were bound separately, and were designated as 
•* Special Acts." Those for the 20th session (1835-6) and 
for subsequent years, to and including those for the 36th 
session (185 1-2), were also bound separately, and were 
designated as "Local Laws," except those for the 36th, 
session, which were designated as " Special and Local 
Acts." The classification of the general and special laws 
was not very accurate, and many laws of a general char- 
acter are to be found bound in the special and local laws. 

Besides the general and special laws there were several 
militia laws bound in separate volumes, as were those of 
1824 and 1831. In the special acts of 1818, p. 117, it was 
expressly provided "That nothing herein contained shall 
be so construed as to authorize the public printers to print 
an act passed at the present session, entitled 'An act to 
regulate the militia. ' " But in a table of " Errata of the 
act regulating the militia," contained in the laws of 1819, 
p. 151, it appears that the act referred to was printed, but 
by what authority does not appear. 

After 185 1 the special and local laws and the militia 
laws were not bound separately from the general laws. 

The laws passed at the various special sessions held 
since the adoption of the Constitution of 185 1 are bound 
separately except those for the years, 1875, 1877, 1S79, 
188 1 and 1885, which are bound in the volumes containing 
the laws of the regular sessions of those years, the volumes 
for 1879, I ^ 1 an d 1885 being continuously paged. 

The 44th session, by a misprint, is designated in the 
laws of that year as the 45th, and the error in numbering 
has been continued in the laws of the subsequent sessions. 




JBIpyp i Mjp i ii^^ .m»\ ' wwrnw "■ "'"""" ' 



i 

j 

l 
I 

INDIANA STATE PUBLICATIONS. 161 

The following is a complete list of the session laws, 
showing, also, how they are designated : 

No. of Session. How Designated. 

i Laws 1817 

2 " 1818 

" Special Acts " 

3 Laws 1 8 19 

4 " 1820 

5 ...-..: " 182 1 

6 " 1822 

7 i " 1823 

8 Militia " 1824 

" Special Acts " 

9 Laws 1825 

10.... " 1826 

11 " 1827 

12 « 1828 

13 " 1829 

14 " 1830 

15 Militia " 1831 

" ..Special Acts " 

16 Laws 1832 

n • " * 8 33 

18 ; " 1834 

19 " i835 

" Local " 

20 " 1836 

" Local " 

21 " 1837 

" Local " 

22 .Laws included in R. S. 1838 

23 Laws 1839 j 

" , Local " 

24 " 1840 

".... Local " 

25 " 1841 

44 Local " 

26 " 1842 

44 Local " 

2 Z • " 1843 

44 Local " 

28 « 1844 

44 Local " 

2 9 " 1845 

44 Local " 

30..... " 1846 ' 

44 Local " 

3/ " 1847 

* Local " 

32 " 1848 

44 Local " 



-—-•"■- — • :^ymm^- r 



162 INDIANA STATE PUBLICATIONS. 

No. of Session. How Designated. 

33 " 1849 

" Local " 

34 " 1850 

" Local " M 

35 " 1851 

" Local " 

36 Reg Special and Local Acts 1852 

37 " Laws 1853 

38 " " 1855 

39 " " 1857 

Called, Nov. 20, 1858 Laws Special Session 1858 

40 Reg Laws 1859 

41 " Laws Regular Session 1861 

Special, April 24, 1861 " Special " " 

42 Reg Laws 1863 

43 " Laws Regular Session 1865 

Called, Nov. 13, 1S65 " Special " " 

45 Reg Laws 1867 

46 " Laws Regular Session 1869 

Special, April 8, 1869 " Special " 

47 Reg Laws 1871 

Special, Nov. 13, 1872 Laws Special Session 1872 

48 Reg Laws 1873 

49 " Laws Regular Session 1875 

Special, March 9, 1875 " Special " " 

50 Reg Laws Regular Session 1877 

Special, March 6, 1S77 " Special 

51 SpfciaV; M^ch Vi;*7879 1 Bound in * vo1 Laws - l8 79 

52 IpliaFMarS's;* t887 [ Bound in f vo1 " l8Sl 

53 Reg " 1883 

54 ^fcai;MaVcrioVV885 \ B ° Und in * V ° ! " l88 * 

55 Reg »• 18S7 

56 " " 1889 

Revisions. — ^The laws of 1818 are sometimes improperly 
called the "Revision of 1818." They contain only the acts 
passed at the second session and a reprint of a portion of 
those passed at the first session. 

1824. This is entitled, "The Revised Laws of Indiana, adopted and 
enacted by the General Assembly at their eighth session, etc. Arranged 
and published by authority of the General Assembly." Corydon, Ind. 
1824. 1 vol. 

183 1. Entitled, "The Revised Laws of Indiana, in which are com- 
prised all such acts of a general nature as are in force in said State ; 



■pflrJjIWMU, .l.Jl- ' ' "'"'" ■ -■ -. 



INDIANA STATE PUBLICATIONS. 163 

adopted and enacted by the General Assembly at their fifteenth session, 
etc. Arranged and published by authority of the General Assembly." 
Indianapolis. 1831. 1 vol. 

1838. Entitled, "The Revised Statutes of the State of Indiana, 
adopted and enacted by the General Assembly at their twenty-second ses- 
sion, etc. Arranged, compiled and published by authority of the Gen- 
eral Assembly." Indianapolis. 1838. 1 vol. 

The revisers are not named in the revisions of 1S24, 1831 and 1838. 

1843. Entitled, "The Revised Statutes of the State of Indiana, 
passed at the twenty-seventh session of the General Assembly, etc. 
Printed and published according to law." The revisers were Sam. Bigger 
and Geo. H. Dunn. Indianapolis. 1S43. 1 vol. 

1852. Entitled, " The Revised Statutes of the State of Indiana, 
passed at the thirty-sixth session of the General Assembly, etc. Printed 
and published according to law." James S. Hester prepared the annota- 
tions and superintended the arrangement and printing. An edition in 
the German language was also printed by authority of the State. In- 
dianapolis. 1852. 2 vols. 

1881. Entitled, "By authority of the General Assembly. The 
Revised Statutes of Indiana, etc. Collated and annotated by James S. 
Frazer, John H. Stotsenburg and David Turpie, commissioners." This 
revision, though authorized by the General Assembly to be made, was not 
formally adopted and approved by it. Chicago, 111. 1S81. 1 vol. 

The following editions of the revisions and statutes 
were published as private compilations : 

Gavin & Hord. Indianapolis. 1862. 2 vols. 

Gavin & Hord. " 1863. (3d vol.) 1 vol. 

Davis (Supp. to Gavin & Hord). Ind'ls. 1870. 1 vol. 

Davis (2d ed.). Indianapolis. 1876. 2 vols. 

Downey. (Supp. to iSSi.) Cincinnati. 1883. 1 vol. 

E. B. Myers & Co. This is a reprint of the official 
edition of the Revision of 1881 (evidently from the 
same plates), with subsequent laws, and with anno- 
tations. Chicago, Illinois, 1888. 2 vols. 

Elliott. (Supp.toi88i.) Indianapolis. 1889. 1 vol. , 



■ : 



164 INDIANA STATE PUBLICATIONS. 

Reports of State Officers, etc. — Since the or- 
ganization of the State most of the State officers, boards, 
etc., have been required to make reports. Many of the 
offices and boards heretofore existing have been discon- 
tinued and new ones are created at nearly every session of 
the Legislature. 

Prior to the Constitution of 1851, when there were an- 
nual sessions of the Legislature, most of these reports 
were required to be made directly to the Legislature, or to 
the Governor, to be by him submitted to the Legislature. 
Since the adoption of the Constitution of 185 1 some of the 
reports have been required to be made to the Governor 
and some to the Legislature. Some are required to be 
made for a period ending with the end of a given year 
and some for a period ending with the end of the State 
fiscal year, which is October 31. Most of them, since 
1877, end with the fiscal year. 

Some of these reports were never printed at all. Some 
were printed as part of the House and Senate Journals. 
Some were printed in pamphlet form only, and of those so 
printed some have been bound in the Documentary Jour- 
nals and Annual Reports. Those printed in pamphlet, 
and not so preserved, have, for the most part, entirely 
disappeared. Some of the reports never were included 
in the Documentary Journals and Annual Reports, but 
have been published and bound separately in substantial 
binding. 

In the exercise of its visitorial power over corporations 
the General Assembly has frequently required reports to 
be made to it, or to the Governor, from various corpora- 
tions, such as colleges and railroad companies, and many 
of these have been printed, and are contained in the 
House and Senate Journals, and in the Documentary 
Journals and Annual Reports. These are not included in 



INDIANA ST A TE PUBLIC A TIONS. 1 65 

the following catalogue, which embraces only the reports 
of State officers and institutions. 

During the period when the State was engaged in its 
extensive scheme of internal improvement, there were also 
many boards, commissioners, agents, etc., of works, some 
of which were of a local character, who were required to 
make reports to the General Assembly or to the Governor. 
Only such of these as are contained in the Documentary 
Journals and Annual Reports are included in the following 
catalogue. 

No reference is made in the following catalogue to the 
volumes and pages of the House and Senate Journals. An 
index making such references would involve more labor 
and expense than would be profitable in a private compi- 
lation. But references are made by volume and page to 
the reports contained in the Documentary Journals and 
Annual Reports. Only the regular reports are so indexed, 
not those made in answer to calls by the General Assembly, 
or by one of its branches, for information upon some special 
subject. 

No attempt has been made to cite all the statutes relat- 
ing to the offices embraced in the catalogue. 'The statutes 
are cited only to show r , in a general way, the nature of the 
office, its beginning and end, if it has ceased to exist, the 
character of the reports required, and to whom and when 
they are to be made. 

Adjutant- General. — The office of Adjutant-General was 
created by the Constitution of 1816 (art. 7, sec. 7), and 
continued by the Constitution of 185 1 (art. 12, sec. 2). 
The duties of the office were defined by act January 3, 
1817 ( 1 & l 7> P« x 79> sec « IO )> an d by the militia law of 
January 20, 1824, the latter law (sec. 65) requiring him to 
report to the Governor, as commander-in-chief, annually 
on December 1. The act of May 3, 1861 (Spl. Sess. 1861, 
p. 3), required him to report to the next General Assembly 



i iWBiWjwywy J I' P ft 



166 



INDIANA STATE PUBLICATIONS. 



in regard to appropriations made by that act. The act, 
April 13, 1885 (1885, p. 215), required him to make bien- 
nial reports. By section 32 of act March 8, 1889 (1889, 
p. 325), he was required to make annual reports to the 
Governor, within one month after October 31, of ex- 
penses, proceedings, etc., of the militia. Various reports 
are found in the'House and Senate Journals, prior to the 
commencement of the Documentary Journals. There are 
included in the Documentary Journals and Annual Re- 
ports the following : 



Year. 




Period Embraced. 




Doc. J. AND A. R. 


1844 




to Nov. 30, 1844 




1844-5, p - 2 , P- 43 


*H$ 




Annual for year 1845 




1845-6, P. 2, p. 35 


1846 




1846 




1846-7, P. 2, p. 5 


1847 




1847 




1847-8, P. 2, p. 289 


1848 




1848 




1848-9, P. 2, p. 299 


1849 








Omitted. 


1850 








" 


1851 








« 


1852 




Special, April 15, 1852 




1851-2, P. 1, p. 353 


i853 




Omitted, but rules and regula- 








tions published, 




1853, Doc. No. 


i854 




No date. 




1854-5. P- 2, p. 53 1 


185S 








Omitted. 


1856 




No date. 




1856-7, P. 1, p. 393 


1857-1860 








Omitted. 


1 86 1-2 


From 


April 15, 1861 to Dec. 31 


,1862 


1862-3, P- 2 , v °l- I 
P- 329 


1863-4 


From 


Jan. 1, 1863 to Nov. 12 


,1864 


1864-5, P- 2, p. 473 


1865-9 








Omitted. 


1870 


From 


April 1, to Dec. 31, 


1870 


1870-1, P. 2, Doc. 

No. — 


1871-2 


Two 


years ending Dec. 31, 


1872 


1872-3, Doc. No. — 


1873 


One year " " " 


1873 


1873, Doc. No. 6 


I874 


u 


« it a 


1874 


1874-5, P- *» Doc - 
No. 3 


1875 








Omitted. 


1876 


H 


U U tt 


1876 


1876-7, P. 1, Doc. 
No. n 


1877-8 


Two years " " 


1878 


1878-9, P. 1, Doc. 










No. 10 


1879-80 


u 


(i t« 4. 


1880 


1880, P. 1, Doc. 



j 



HtBEME^B) ^^^ <-— ■ ■■- ■ - . ■ ■ -■ 



INDIANA STATE PVBLICATIONS. 167 

The following have been published and bound sepa- 
rately : 

1865 (Nov. 12, 1864, to Nov. 13, 1865,) pamphlet, 1 vol. 

1866 (Nov. 13, 1865, to Jan. 26, 1867,) " 1 »" 
1881-2 cloth, 1 " 
1883-4 " 1 " 
1885-6 " 1 " 
18S7-8 " 1 « 

Besides the annual and biennial reports there is a "Re- 
port of the Adjutant General of the State of Indiana, " 
in eight volumes, containing a military history of Indiana 
during the rebellion (1861-1865). It is an invaluable col- 
lection of historical facts and statistics and an enduring 
monument to the memory of the compiler, the late Adju- 
tant General Wm. H. H. Terrell, Indianapolis, 1865-9. 
8 vols. 

Agent of State. — The office of Agent of State was cre- 
ated by section 68 of act January 28, 1842 (1842, p. 3). 
(See Internal improvement.) His duties were defined by 
that actandby the act January 31, 1842(1842, p. 22), by 
which he was required to report his proceedings to the 
next General Assembly. By act June 17, 1852 (1 R. S. 
1852, p. 97), the election of a "State Agent" by the Gen- 
eral Assembly was provided for, and he was required to 
report biennially to that body. An act looking to the dis- 
continuance of the office was passed December 21, 1865 
(Spl. S. 1865, p. 48). By act December 13, 1872 (Spl. S. 
1872, p. 27), the office was discontinued after February 
10, 1873, and books, etc., transferred to Auditor of State, 
the officer before known as State Agent being succeeded 
by an agent appointed by, and serving during the pleasure 
of, the Governor, Secretary, Auditor and Treasurer of 
State. 

The following regular reports are included in the Docu- 
mentary Journals and Annual Reports : 



r r- v -•— •■• 



1 68 INDIANA S TA TE P UBLICA TIONS. 

Year. Doc. J. and A. R. 

1842 1842-3, p - *i P- 3- 

1843 .....1S43-4, P. 2, p. 1. 

1844 1844-5, P. 1, p. 83. 

1845 1845-6, P. i, p. 97. 

1846 1S46-7, P. 1, p. 109. 

1847 1847-8, P. 1, p. 103. 

1848 1848-9, P. 1, p. 5. 

1849 1849-50, P. 2, p. 149. 

1850 1S50-1, P. 2, p. 57. 

1851 1851-2, P. 2, p. 1. 

1852 ..1852-3, P. 2, p. 1. 

1853 1853, Doc. No. — . 

i854 1854-5, P. 1, p. 341.5 

1855 1855, P. 1, p. 1. 

1856 1856-7, P. 1, p. 3. 

1857 1857, P. 1, p. 3. 

185S 1S58-9, P. 1, p. 197- 

1859 1859. P. 1, p. 1. 

i860 1860-1, P. 1, p. 309. 

1861 1861, p. 41, 

1862 1862-3, P- 2 > v - J » P- x 77- 

1863 1863, p. 33. 

1864 I 864~5, P. 1, p. 301. 

1865-6 ....1866-7, Doc. No. 5. 

1S67-8 1868-9, D °c No. 4. 

1869-70 T870-1, P. 1, Doc. No. — 

1871-2.... 1872-3, Doc. No. — . 

Agriculture, State Board. — By act February 14, 1851 
(185 1, p. 6), the "Indiana State Board of Agriculture" was 
incorporated and required to make annual reports to the 
General Assembly. It was continued by act February 17, 
1852 (1 R. S. 1852, p. 98), and the board required to re- 
port also its annual receipts and expenditures. Volume 
19 contains a general index of volumes 1 to 19, inclusive. 

The following financial reports are included in the Doc- 
umentary Journals and Annual Reports: 

Year. Doc. J. and A. R. 

1874 x 874-5, P. 1, Doc. No. 12 

1876 1876-7, P. 1, Doc. No. 15 

1878 1878-9, P. 1, Doc. No. 12 

1880 1880, P. 1, Doc. No. 10 



$ 4 ^^! ®fim^r« **w^ > '* m r™ -~-- —- " 'wwifspii yaw . ^f^rT' 1 ?7" 1 



INDIANA STATE PUBLICATIONS. 169 

None of the regular reports are included in the Docu- 
mentary Journals and Annual Reports, but have been 
published separately, beginning with volume 1 for the year 
1851, which is wrongly labled "1852." The following is 
a complete list of them : 

Vol. Year. 

16 (24 Ann.) 1874 

17 25 " 1875 

18 26 " 1876 

19 27 " 1877 

20 28 " 1878 

21 29 " 1879 

22 30 " 18S0 

23 31 " 1881 

24 32 " 1882 

25 33 " 1883 

26 34 " 1884 

27 35 " 1885 

28 36 " 1 886 

29 37 " 1887 

30 38 " 1 888 

Attorney General. — The office of Attorney General was 
first established by act December 31, 1821 (1821, p. 72). 
Acts defining his duties, but not requiring any reports, 
were passed February 21, 1855 (1855. p. 16), and June 3, 
1861 (Spl. Sess. 1861, p. 14). The act of March 10, 1873 
( l %73> P- 18), required him to give opinions in certain 
cases, and to keep a record thereof and an account of 
moneys collected, in a "substantially bound book," and 
to report to the Secretary of State annually on November 
1, all fines and forfeitures, but no other report was re- 
quired. The public printing act of 1885 requires biennia! 
reports. 

The following reports are included in the Documentary 
Journals and Annual Reports, those for the years 1873, 
^74, 1883-4, I 885~6, containing official opinions of the 
Attorney General for those years. 



Vol. 


Year. 


1 


1851 


2 


1852 


3 


1853 


4 


1854-5 


5 


1856 


6 


1857 


7 


1S58 


8 


1859-60 


9 


1862-7 


10 


1868 


11 


1869 


12 


1870 


*3 


1871 


*4 


1872 


15 (23 Ann 


•) 1873 



. 



170 



INDIANA STATE PUBLICATIONS. 



Year. Doc. J. and A. R. 

1873..... J S73, Doc. No. 4. 

1874..! 1874-5, p - *i Doc. No. 9. 

1875 1875, Doc. No. 13. 

1875-6 1876-7, P. 1, Doc. No. 8. 

1877-8 Omitted. 

1879-80 1880, P. 1. Doc. No. 4. 

1881-2 Omitted. 

1883-4 1884, Doc. No. 6. 

1885-6 ....1886, Doc. No. 5. 

1887-8 '...1888, Doc. No. 5. 

The report for 1 83 1-2, containing official opinions for 
those years, was published in pamphlet form. 

Auditor 0/ State. — The office of State Auditor was cre- 
ated by the Constitution of 1816 (art. 4, sec. 24), and was 
continued under the name of Auditor of State by Constitu- 
tion of 185 1 (art. 6, sec. 1). The act December n, 18 16 
(1817, p. 143), defined the duties of the "Auditor of Public 
Accounts," and required him to make annual reports to the 
General Assembly during the first week of their session, 
and as often as required. The act, January 25, 1841 
(1841, p. 124), required him to report annually to the Gov- 
ernor by November 1. By 1 R. S. 1852, p. 147, he was 
required to make biennial reports to the General Assembly, 
but the act February 3, 1853 (1853, p. 120), again re- 
quired annual reports to the Governor on October 31. 
Since 1839, ^ s reports are for years ending October 31. 
Those prior to the commencement of the Documentary 
Journals are contained in the House and Senate Journals. 
Abstracts of these are generally published at the end of the 
Session Laws. The following are included in the Docu- 
mentary Journals and Annual Reports : 



jjjjjjgapyflKgyw ^ j ^^ 



INDIANA STATE PUBLICATIONS. 171 

Vkar. Doc. J. and A. R. 

1S35 1835-^1 Doc. No. — 

1S36 (Sen. J. 1836-7, p. 84). Omitted. 

x Sj7 1837-8, Doc. No. — 

1S3S *. 1838-9, p. 172. 

1839 Omitted. 

1S40 1840-1, P. 1, p. 29. 

1841 1841-2, P. 2, p. 21. 

1842 1842-3, P. 2, p. 41. 

iS43-' 1843-4, P. 1, p. 51. 

*$44 • 1844-5, P- VP< 1. 

1S4S 1S45-6, P. 1, p. 1. 

1846 1846-7, P. 1, p. 1. 

1847 , 1847-8, P. 1, p. 23. 

1S48 1848-9, P. 1, p. 117. 

1849 1849-50, P. 1, p. 17. 

1850 1850-1, P. 1, p. 1. 

1851 1851-2, P. 1, p. 49. 

^52 1852-3, P. 1, p. 49. 

1853 1S53, Doc. No. — 

1854 1854-5, P- i. P- I- 

1855 1855, P- *» P- 265. 

1856 ..1856-7, P. 1, p. 119. 

1857 1857, P. 1, p. 109. 

1858 1858-9, P. 1, p. 1. 

1859 1859, P. 1, p. 65. 

i860 1860-1, P. 1, p. 1. 

1861 1861, p. 187. 

1862 1862-3, P. 1, p. 257. 

1863 1863, p. 101. 

l86 4 1864-5, P. 1, p. 405. 

l86 5— 1865-6, p. 143. 

1866 1866-7, Doc. No. 3. 

1867 1S67-8, p. 121. 

1868... 1868-9, Doc. No. 3. 

1869 • 1869, Doc. No. — . 

1870 ,1870*1, Doc. No. — . 

1871 ; 1871, Doc. No. 8. 

1872 1872-3, Doc. No. — . 

1873 1S73, Doc. No. 2. 

l8 74 1874-5, Doc. No. 7. 

1875 1875, -Doc- No - 2 - 

1876 1876-7, P. 1, Doc. N0.6. 

1877.... 1877, Doc. No. 8. 



172 INDIANA STATE PUBLICATIONS. 

Year. Doc. J. and A. R. 

1878. 187S-9, P. 1, Doc. No. 6. 

1879 1879, P. 2, Doc. No. 2. 

18S0 :i88o, P. 1, Doc. No. 2. 

1881 1SS1, Doc. No. 2. 

1882 1882, Doc. No. 2. 

1883 1883, Doc. No. 2. r I 

18S4 1884, Doc. No. 4. 

1885....;. ,.1885, Doc. No. 1. 

1886 ....1886, Doc. No. 3. 

1887 1887, Doc. No. 2. 

188S 1888, P. 1, Doc. No. 4. 

Bank, State. — The bank of Vincennes was made a 
"State Bank " by act January 1, 1817 (1817, p. 185), and re- 
quired to make a statement of its condition and that of its 
branches, to the Governor, and General Assembly, "if 
required." Reports are contained in the House and Sen- 
ate Journals. There was trouble and litigation between 
the State and this bank, and an act establishing a "State 
Bank of Indiana " and branches was passed January 28, 
1834 (1834, P* I2 )» providing that it should continue unti 
January 1, 1859. The act provided that the president and j 
four directors should be elected by the General Assembly, 
and that the board of directors should report annually to 
the General Assembly the condition of the bank and its | 
branches. It also created a sinking fund. (See this .title.) | 
By act February 6, 1837, ( J S37, p. 3), one-half of the sur 
plus revenue received from the United States pursuant to ■ 
act of Congress, passed June 23, 1836, was to be applied I 
to subscriptions by the State to the capital stock of the 1 
branches of the State bank. By act January 10, 1849 
(1849, p. 18), it was provided that no more additional 
branches should be established under the act after the year 
185 1. The act of February 3, 1853 (1853, p. 120), re- 
quired the board to report annually to the Governor on 
October 31. 



. 



INDIANA STATE PUBLICATIONS. 1 73 

By act March 3, 1855 (1855, p. 229), there was estab- 
u%\\?d a new institution, styled the "Bank of the State of 
Indiana," and branches, and the board of directors was 
required to report to the General Assembly at each session 
the condition of the bank and its branches. The act Jan- 
uary 19, 1865 (Reg. Ses. 1865, p. 98), provided for wind- 
ing up the branches. 

The reports of the old State Bank of Indiana prior to 
llie commencement of the Documentary Journals are con- 
fined in the House and Senate Journals. The following 
reports of the State Bank and of the Bank of the State are 
contained in the Documentary Journals and Annual Re- 
ports : 

Reports of State Bank — 

Year. Doc. J. and A. R. 

1835 1835-6, Docs. Nos. — . 

1836 ; 1836-7, Doc. No. — . 

1S37 1837-8, Docs. Nos. — . 

1S33 .....1838-9, p. 56. 

l8 39 1839-40, P. 2, pp. 79, 117. 

l8 40 1840-1, P. 1, pp.405, 413. 

1841 1841-2, P. 1, p. 97. 

lS 42 1842-3, P. 2, pp. 163, 299. 

l8 43 • l8 43-4> p - x » PP- 2 7S> 34 1 - 

l8 44 I 844~5> p - F» PP- I0 9' l6 3- 

l8 45 1845-6, P. 1, pp. 107, 155 . 

l8 4 6 1846-7,' P. 1, pp. 125, 263. 

l8 47 1S47-S, P. 1, pp. 159, 231. 

1848 1848-9, P. 1, p. 261. 

l8 49 1849-50, P. 1, p. 117. 

l8 50 1850-1, P. 1, p. 273. 

l8 5i 1 1851-2, P. 1, p. 203. 

l8 5 2 1852-3, P. 1, p. 229. 

l8 53 1853, Doc - No - — - 

l8 54 i854-5,P.i,p.42 9 ;P.2,p.79i. 

l8 55 1S55, P. 1, p. 217. 

l8 5 6 1856-7, P. 1, p. 261. 

l8 57 1857, P. 2, p. 341. 

l8 5 8 v 1858-9, P. 1, p. 365. 



"" ^ m **W& 

1 
1 

I 



: ; 



174 



INDIANA STATE PUBLICATIONS. 



Bank of State — 

Year. Doc. J. and A. R. 

1856 1856-7, P. 1, p. 411. 

1857 Omitted. 

1S58 1858-9, P. 1, p. 357. 

1859 1859, P. i, p. 347. 

i860.. 1860-1, P. 2, p. 507. 

1861 Omitted. 

1862 1862-3, p - *> P- 4 8 5- 

1863 Omitted. 

1864 1864-5, P- 2 » P- 20I « 

Blind Institute. — By act January 19, 1846 (1S46, p. 66), 
trustees were appointed to provide for maintenance and 
education of blind of this State in the institutions at Col- 
umbus, Ohio, and Louisville, Ky. The board made a re- 
port dated December, 1846 (Doc. J. 1846-7, P. 2, p. 25). 
A further report as to the Indiana blind in Ohio and Ken- 
tucky institutions was made December 11, 1847 (Doc. J. 
1847-8, P. 2, p. 343). By act January 27, 1847 (1847, p. 
41), provision was made for establishment at Indianapolis 
of an institution to be known as the "Indiana Institute for 
the Education of the Blind,'' and created a board of trustees 
which was required to report annually to the General 
Assembly. This provision was continued in act February 
13, 1851 (i85i,p. 140), but by 1 R. S. 1852, p. 161, the 
board was required to report to the Legislature biennially. 
By act February 3, 1853 (1853, p. 120), the board was re- 
quired to report to the Governor annually, on October 31. 
This provision has not been changed by subsequent legis- 
lation. The following reports are contained in the Doc- 
umentary Journals and Annual Reports, and are regularly 
numbered : 



- 



No. 



3 
4 

5 
6 

7 

S 

9 

10 

ii 

12 

*3 
*4 
*5 
16 

17 
18 

*9 

20 
21 

22 

2 3 

24 

25 
26 

27 
28 

29 
30 
3i 
32 
33 
34 
35 
36 
37 
38 
39 
40 

4i 
42 



INDIANA STATE PUBLICATIONS. 175 

Year. Doc. J. and. A. R. 

1847 1847-8, P. 2, p. 89. 

1S4S 1848-9, P. 2, p. 33 . 

1849 1S49-50, P. 2, p. 1. 

1850 1850-1, P. 2, p. 1. 

1851 1851-2, P. 2, p. 231. 

1852 1852-3, P. 2, p. 105. 

1853 1853, Doc. No. — . 

1854 1854-5, p - 2, p. 729- 

1855 1855, P. 2, p. 161. 

1S56 1856-7, P. 2, p. 57. 

1857 1857, P. 2, p. 1. 

1S5S 1858-9, P. 2, p. 45. 

1859 1859, P. 2, p. 49. 

i860 1860-1, P. 2, p. 1. 

1861 1861, p. 137. 

1862 1862-3, P. 1, p. 169. 

1863 1863, p. 1. 

1864... 1S64-5, P. 1, p. 717. 

1865 1S65-6, p. 71. 

1S66 1866-7, Doc. No. 7. 

1867 1867-8, p. 65. 

1868 1868-9, Doc. No. 6. 

1869 1S69, Doc. No.—. 

1870 1870-1, P. 1, Doc. No. — . 

1871 1871, Doc. No. 2. 

1872 J 872~3, Doc. No. — . 

1873 1S73, Doc. No. 14. 

1874 1874-5, p - 2, Doc. No. 8. 

1875 1875, Doc. No. 10. 

1876 1876-7, P. 2, Doc. No. 9. 

1877 1877, Doc. No. 9. 

1878 1878-9, P. 2, Doc. No. S. 

1879 1879, P. 1, Doc. No. 1. 

1880 1880, P. 2, Doc. No. 8. 

1881 1S81, Doc. No. 11. 

1882 1882, Doc. No. 9. 

1883 1883, Doc. No. 10. 

1884.. .1884, D °c- No. 12. 

1885 1885, Doc. No. 6. 

18S6 1886, Doc. No. 11. 

1887 1887, Doc. No. 5. 

1888 1888, P. 2, Doc. No. 3. 



- . .- 



1 76 INDIANA STATE PUBLICATIONS. 

Canal Fund Co?nmissioners . — The Canal Fund and Canal 
Fund Commissioners were part of the legislation for the 
construction of the Wabash and Erie Canal. (See this 
title.) Additional duties were imposed upon the commis- 
sioners by the Internal Improvement Act. (See this title.) 
By act February 6, 1837 (1837, P* 66), it was provided that 
the Board of Canal Fund Commissioner should thereafter 
be designated as "Fund Commissioners of Indiana." 
(See this title.) The reports of the Canal Fund Commis- 
sioners are contained in the House and Senate Journals 
prior to the commencement of the Documentary Journals. 
There are contained in the latter the following : 

Year. Doc.j! 

• 1835 1835-6, Doc. No. — . 

1836 1836-7, Doc. No. — . 

Centennial Commissioner, — Mr. E. T. Cox, State Geol- 
ogist, was appointed by Governor Hendricks to represent 
Indiana at the Centennial Exhibition at Philadelphia in 
1876. His report is contained in Doc. J. 1876-7, P. 1, 
Doc. No. 13. 

Charities, Board of State. — A "Board of State Chari- 
ties" was established by act February 28, 1889 (1889, p. 
51), and required to make and print annual reports for use 
of Legislature. None have yet been printed. 

Colonization Board. — A State Board of Colonization was 
established by 1 R. S. 1852, p. 222, but no report was re- 
quired. Reports were made, however, some in response 
to legislative resolutions. The following reports are con- 
tained in the Documentary Journals : 



■UgM i yt l' l A ,« e^m-r uv^ <r / . !um iv,' n 



INDIANA STATE PUBLICATIONS. 1 77 

Date. Doc. J. 

February 21, 1S52. To H. R 1S51-2, P. 2, p. 463. 

January 29, 1853. " S 1852-3, P. 2, p. 393. 

May 29, 1854. " Gov/.... 1853, Doc. No. — . 

1855. " H.R 1854-5, P. 2, p. 1047. 

January 15, 1857. " G. A 1S56-7, P. 2, p. 329. 

1859- " " 1858-9, P. 2, p. 157. 

December 30, i860. " " 1860-1, P. 2, p. 145. 

March S, 1864. " " 1863, p. 489. 

Commissary General. — The office of Commissary Gen- 
eral was created by Constitution of 1851 (art. 12, sec. 2), 
and duties defined by acts May 31 and June 3, 1861 (Spl. 
Sess., 1861, pp. 85, 87), but no reports were required. 
One report, from May 29, 1861, to November 2, 1861, is 
contained in Doc. J. 1862-3, P. 2, v. 1, p. 801. 

Custodian of Public Buildings. — The office of "Custo- 
dian of Public Buildings" was created by act of March 5, 
1889 ( r ^9? P- IJ 4)» requiring reports to Governor on the 
last days of March, June and September, and annually on 
December 31 ; also bienially to Legislature. No reports 
have yet been published. 

Deaf and Dumb Institution. — A report in favor of estab- 
lishing an institution for the education of deaf mutes was 
made to the House of Representatives January 31, 1838 
(Doc. J. 138-9, p. 657). The act February 13, 1843 (1843, 
P* 75)> provided for raising funds for the erection of a 
"Deaf and Dumb Asylum." The act January 15, 1844 
(1844, P* 36)? provided for establishment of a temporary 
asylum at Indianapolis, and created a board of "Trustees 
of Indiana Asylum for Educating the Deaf and Dumb," 
requiring them to report to next General Assembly. By 
a ct January 19, 1846 (1846, p. 19), the asylum was per- 
manently located in Marion county and the trustees were 
required to report annually to the General Assembly. Bi- 



' . 



178 



INDIANA STATE PUBLICATIONS. 



ennial reports were required by 1 R. S. 1852, p. 243, §19, 
but act February 5, 1853 (1853, p. 120), required reports 
to be made annually to Governor on October 31. The 
provision as to reports has not been changed b}^ sub- 
sequent legislation. By act March 6, 1879 (^- e &* Sess. 
1879, P- 4)» tne institution is called the "Institution for the 
Education of the Deaf and Dumb." The reports are all 
included in the Documentary Journals and Annual Re- 
ports and are regularly numbered. 



No. 

1 
2 
3 
4 
5 
6 

7 
8 

9 
10 
11 
12 
*3 
H 
15 
16 

17 
iS 

*9 
20 

21 
22 

2 3 

24 

■ 25 

26 

27 
28 
29 
30 



Year. Doc. J. and A. R 

1S44 1S44-5, p - x » P- *34 

1845 iHs-6, P. 2, p. 85. 

■ 1846 1S46-7, P. 2, p. 95. 

1S47 1847-8, P. 2, p. 5. 

1848 184S-9, P. 1, p. 201 

1849 1S49-50, P. 2, p. 35 



1852 1852-3, P. 2, p. 197 

1853 1S53, Doc. No. — . 

1854 1S54-5, P. 2, p. 565. 

1855 1S55, p - 2, p. 1. 

1S56 1856-7, P. 2, p. 1. 

1857.... 1857, P. 2, p. 47. 

1858 185S-9, P. 2, p. 1. 

1859 1859, P. 2, p. I. 

i860 1S60-I, P. 2, p. 65. 

l86l lS6l, p. I. 

1S62 1S62-3, P. I, p. 409. 

1863 ; ...1S63, p. 277. 

1864 1S64-5, P. 1, p. 565. 

1S65..... 1865-6, p. 27. 

1866 1866-7, D °c. No. 6. 

1S67 1867-S, p. 17. 

186S 1S68-9, Doc. No. 5. 

1869.. 1S69, Doc. No. —. 

1870 1870-1, P. 1, Doc. No. 

1871 1S71, Doc. No. 3. 

1872 J872-3, Doc. No. — . 

1873 I 873, Doc. No. 13. 



ywy^iy-^aBai gMW Mi Hr -F- ■ ... ...-.._.-. 



INDIANA STATE PUBLICATIONS. 



179 



Ko. Year. Doc. J. and A. R. 

31 1874 X S74~5, P« 2 » Doc. No. 7. 

32 1875 1S75, Doc. No. 9. 

33 1876 1S76-7, P.2,Doc. No. 8. 

34 1877 ; 1877, Doc. No. 8. 

35 1878 187S-9, P. 2, Doc. No. 7. 

36 1S79 l8 79, P. 1, Doc. No. 2. 

37 18S0 1880, P. 2, Doc. No. 9. 

3S 1S81 18S1, Doc. No. 10. 

39 18S2 1882, Doc. No. 8. 

40 18S3 18S3, Doc. No. 9. 

41 1SS4 '. 1884, Doc. No. 11. 

42 1885 18S5, Doc. No. 5. 

43 18S6 1SS6, Doc. No. 10. 

44 1887 1887, Doc. No. 6. 

45 18S8 1888, P. 2, Doc. No. 2. 

Equalization Board. — A State Board of Equalization was 
created by section 15, act February 12, 1841 (1841, p. 3), 
but was abolished by act January 13, 1842 (1842, p. 126). 
Provision for a State Board was made by section 8, act 
May 28. 1852 (1 R. S. 1852, p. 273), and in several subse- 
quent acts, but no report was required until the tax law of 
December 21, 1872 (Spl. Sess. 1872, p. 57), by the 284th 
section of which the Governor and other State officers 
named were constituted a "State Board of Equalization," 
and required to meet in the year 1873, and annually there- 
after. Prior to this time, and after the act of December 
21, 1858, State boards had met only once in every five 
years. The act also provided that a report of their pro- 
ceedings should be published annually in pamphlet form 
(sec. 296). 'By sec. 133 of tax law, March 29, 1881 (1881, 
p. 611), the board was required to meet on third Monday 
in June each year, an annual report of its proceedings to 
be published (sec. 145). The reports from 1873 to 1888, 
inclusive, are contained in the annual reports of the 
Auditor of State, except the report for 1886, which seems 
to be published separately, and is found in Doc. J. 1886, 



■w~~- - 



-,- 



1 80 



INDIANA STATE PUBLICATIONS. 



Doc. No. 4. The reports prior to 1873 are contained 
in the Documentary Journals and Annual Reports, as 
follows : 



Year. Doc. J. and A. R. 

1S52 1852-3, P. 1, p. 193- 

1S59 1859, P. 1, p. 239. 

1S64 1S64-5, P. 1, p. 424. 

1869 (Auditor's Report).. 1S69, Doc. No. — . 



Feeble-Minded Youth.— -The act March 15, 1879 ( lS 79> 
p. 76), established an "Asylum for Feeble-Minded Chil- 
dren," to be located at the Soldiers' Orphans' Home, near 
Knightstown, abolished the office of trustees of the latter 
as a separate board, provided that one board of trustees 
should act for both, and required the board to report an- 
nually to the General Assembly, on October 31. Subse- 
quent acts were passed, not changing provision as to re- 
ports. The act March 7, 1887 (1887, p. 46) established 
the institution as a separate one, to be located near Ft. 
Wayne, under the name of the "Indiana School for Feeble- 
Minded Youth," and required the board of trustees to make 
annual reports on October 31, and that they should be filed 
in the office of Secretary of State, and should be printed. 
The reports made by the board to the year 1886, inclusive, 
•embrace the affairs of both the Asylum for Feeble-Minded 
Children and the Soldiers' Orphans' Home. They are 
regularly numbered and included in the Documentary 
Journals and Annual Reports. 



No. 
1. 

2. 
3 
4 



Year. 

1879-. 
1880... 
1881... 

1882... 
1883... 
1884... 
1885... 
1886... 
1887... 
1888... 



Doc. T. 


\ND A. R. 


1879, 


P. 2. 


Doc. No. 10 


1880, 


P. 2, 


Doc. No. 10 


1881, 


Doc. 


No. 12. 


1S82, 


Doc. 


No. 10. 


1S83, 


Doc. 


No. 11. 


1884, 


Doc. 


No. 13. 


188c;, 


Doc. 


No. 7. 


1886, 


Doc. 


No. 12. 


18S7, 


Doc. 


No. 11. 


1S8S, 


P. 2, 


Doc. No. 4. 



^IB^m 



IN DIANA STATE PUBLICATIONS. 181 

Fisheries Commissioner, — The act March 26, 1881 (1881, 
p. 516), created the office of "Commissioner of Fisheries,''' 
and required him to report to the next General Assembly 
succeeding his appointment. None of the reports are in- 
cluded in the Documentary Journals and Annual Reports 
prior to the one for 1888. One by Calvin Fletcher, called 
the "First Annual," containing 103 pages, was published 
by the State in 1883 in pamphlet form. Another, by Enos 
B. Reed, was published in the Indianapolis People, Jan- 
uary 22, 1887. 

1888 Doc. J. 1888, P.% Doc. No. 9. 

I 

Fund Commissioners. — This office was a continuation of 
that of Canal Fund Commissioners. (See this title.) 
Former laws were repealed, and one fund commissioner 
provided for by act February 13, 1841 (1841, p. 214), and 
he was required to make annual reports to the Treasurer 
of State and to Governor and General Assembly when 
required. The office was abolished by the act January 
28, 1842, repealing the internal improvement act. (See 
this title.) The following reports are included in the 
Documentary Journals : 

Year. Doc. J. 

1837 1837-8, (2 Docs.) Nos. — . 

1838 1838-9, p. 516. 

1839 1839-40, P. 1 (after p. 126). 

1840 1840-1, P. 1, p. 202; P. 2, p. 53. 

1841 1841-2, P. 1, p. 1. 

Geology and Natural Resources. — By act February 6, 
1837 (i^37» P- IQ 8), the Governor was authorized to ap- 
point a "Geologist for the State of Indiana," to make a 
survey and report to the Legislature. The act was to ex- 
pire with the year 1838, unless re-enacted by the next 
Legislature. It was not so re-enacted at the next ses- 



•vmrr*z> 



;[82 INDIANA STATE PUBLICATIONS. 

sion, but a similar act was passed February 18, 1839 
(1839, P- 54)* Another geological survey was directed by 
act March 5, 1859 ( J ^59» P* II2 )> to t> e made under the 
supervision of the State Board of Agriculture. 

The act March 5, 1869 (Reg. Sess. 1869, p. 22), cre- 
ated a * 'Department of Geology and Natural Science, *' 
in connection with, and under the control of the State 
Board of Agriculture, and required the State Geologist 
to make annual reports to that board, but provided that 
2500 copies of his report should be printed and bound 
separately. 

By act March 29, 1879 (1879, P- I 93)> tne departments 
of geology and statistics were combined under the name 
of the "Indiana Bureau of Statistics and Geology," and 
annual reports were required to be made to the Governor. 

By act April 14, 1881 (1881, p. 523), a separate "De- 
partment of Geology and Natural History" was estab- 
lished, to be under the charge of the "State Geologist," 
who was required to make annual reports to the Governor. 

By act February 26, 1889 (1889, p. 44), all former laws 
relating to this department were repealed, the offices of 
Mine Inspector and Oil Inspector abolished, and a new 
department created, styled the "Department of Geology 
and Natural Resources," consisting of four divisions : 

1. Geology and Natural Sciences. 

2. Mines and Mining. 

3. Mineral Oils. 

4. Natural Gas. 
The head of the department was styled "Director," and 

he was authorized to appoint chiefs of divisions, to report 
to him, and he to report annually to the Governor, sub- 
mitting also the reports of the chiefs of divisions, 8,000 
copies of the reports to be printed. 

Under the acts 1837 anc * ^39 David Dale Owen, the 
State Geologist, made two reports, one for year 1837 and 



J ^PPUJ I A) ,. Etpyff™c"B» »w*.., .- ■ ■ " ■ """ " " | 



INDIANA STATE PUBLICATIONS. 1 83 

one for 1838. The first is contained in Documentary Jour- 
nal 1837-8, and also in Documentary Journal 1838-9, p. 
260, and in Documentary Journal 1852-3, P. 1, p. 153. The 
one for 1838 is contained in Documentary Journal 1838-9, 
p. 204. Both were reprinted in 1859, anc ^ bound in one 
volume as parts first and second. He also made a report 
for 1859-60, published separately in a volume of 368 pages, 
a condensation of which is contained in Documentary 
Journal 1 860-1, P. 2, p. 161. A short report to the Gov- 
ernor by E. T. Cox, dated December 11, 1874, * s con " 
tained in Documentary Journal 1874-5, P. 1, Doc. No. 11. 
The foregoing are all that are contained in the Documen- 
tary Journals and Annual Reports. There is also in the 
report of the State Board of Agriculture for 1853, p. 299, 
a report of a ''Geological Survey of the State of Indiana," 
by R.T. Brown, "Geological Agent" of the board. Besides 
those above mentioned, the following have been published 
in separate volumes : 

No. Year. Vols. 

1 1S69, with maps separately bound 1 

2 1870, " " 1 

3,4 1S71-2 " u separately bound 1 

5 1873 " " * n pocket 1 

6 1874 " " " " ; - 1 

7 1S75 " " » " 1 

8, 9, 10 1876-7-8, with maps in pocket 1 

1879-80, included in 2d Annual Report of Depart- 
ment of Statistics and Geology. 

11 18S1 1 

12 1S82 1 

13 !S83, with maps 1 

h 1S84, « » ; 1 

15 1S85-6 1 

Tables of contents of the foregoing from vol. 1 to vol. 13, inclusive, 
are contained in the catalogue of the Indianapolis Public Library for 1885, 
pp. 366-7. 



... 



^4 INDIANA STATE PUBLICATIONS. 

Governor — Messages, etc. — The messages, proclama- 
tions and inaugural addresses of the Governors are con- 
tained in the House and Senate Journals, and some of 
them in the Documentary Journals and Annual Reports. 

Reprieves, Commutations and Pardons. — By the Con- 
stitution of 1 85 1 (Art. 5, § 17), the Governor is required to 
report to the General Assembly at its next meeting each 
case of reprieve, commutation or pardon granted. There 
are contained in the Documentary Journals and Annual 
Reports the following reports of this kind : 

Years. Doc. J. and A. R. 

1853-4 i854-5» p - ii P- 486. 

1855-6 1856-7, P. 1, p. 312. 

1857-8 1858-9, P. 2, p. 184. 

1858-9 , 1860-1, P. 1, p. 373. 

1S61-2 1852-3, P. 2, v. 2, pp. 1017, 1033. 

1863-4 ...... 1S64-5, P. 2, p. 365. 

1865-6 Omitted. 

1867-S " 

1S69-70 i87o-i,P. 2, Doc. No. — . 

1871-2 Omitted. 

1873-4. x 874-5, P. 1, Doc. No. 2. 

1875-6. 1S76-7, P. 1, Doc. No. 4. 

1877-8 187S-9, P. 1, Doc. No. 4. 

1879-80 1880, P. 2, Doc. No. 1. 

1S81-2.*. 1S84, Doc. No. 1. 

1883-4... ""' Doc. No. 2. 

'1885-6 1886, Doc, No. 1. 

1887-S iSSS, P. 1, Doc. No. 2. 

Contingent Expenses, etc. — Appropriations nave been 
made from time to time to the Governor for contingent and 
office expenses, for which he has been sometimes required 
to report by the acts making the appropriations or by leg- 
islative resolution. The following reports of this kind are 
contained in the Documentary Journals and Annual Re- 
ports : 



SJ^3^^^Y-~^ww^s.i.w"Mr i— 



1 



INDIANA STATE PUBLICATIONS. 1 85 

Date. Doc. J. and A. R. 

January 20, 1863 1862-3, p - 2 » v - x f P- 33- 

January 8, 1879 1878-9, P. 1, Doc. No. 2. 

January 10, 1S81 , 1S80, P. 1, Doc. No. 6. 

Health Board. — By section 3 of the act of March 29, 
1879 (1879, P* x 93)' creating the department of Statistics 
and Geology, it was made the duty of the Chief of the 
Bureau to collect statistical information and details relat- 
ing to "social and sanitary condition, vital statistics, mar- 
riages and deaths." In discharge of this duty the Chief 
of the Bureau of Statistics and Geology has included in 
his reports, vol. 1, p. 456, and vol. 2, p. 322, the first and 
second annual- reports of the Indiana State Health Com- 
mission, which was not, however, as its name would imply, 
a State institution. 

A "State Board of Health" was created by the act 
March 7, 1881 (1881, p. 37), which required reports to the 
Governor prior to November 15, of the proceedings for the 
year ending on the preceding October 31. The provision 
as to reports has not been changed by subsequent legisla- 
tion. None of the reports are contained in the Docu- 
mentary Journals and Annual Reports, but they have been 
published regularly in separate volumes from No. 1 (1882) 
to No. 7 (1888), in all, 7 vols. 

Horticultural Society. — The act March 10, 1875 (^- e g- 
Sess. 1875, P- 8 1 )' provided for the incorporation of a 
"State Horticultural Society," and the making of Annual 
Reports "to the Governor to be by him presented to the 
next General Assembly." The regular reports of this 
society begin, however, with the one for the year 1862, 
and most of the volumes prior to the act of 1875 were 
printed by the society at its own expense, although some 
of them purport to have been printed by the State Printer. 
By the public printing act of 1885, the reports are required 



I 



1 86 INDIANA STATE PUBLICATIONS. 

to be printed biennially, but they have, nevertheless, con- 
tinued to be printed annually, up to and including the one 
for the year 1887. Financial reports of the society are 
contained in the following Documentary Journals and An- 
nual Reports : 

Years. Doc. J. and A. R. 

1876 1876-7, P. 1, Doc. No. 16. 

1878 1878-9, P. 1, Doc. No. 13. 

1879 1879, P- 2 » Doc. No. 7. 

1S80 rSSo, P. 1, Doc. No. 11. 

1881 1881, Doc. No. 15. 

The only regular reports contained in the Documentary 
Journals and Annual Reports are two : 

10 1870-1, P. 2, Doc. No. — . 

11 1S71, Doc. No. 9 (lastin vol.) 

All the regular reports, from No. 1 (1862), to No. 27 (1887), in all 27 
volumes, have been separately printed and bound. 

No. 28 (for 188S) is bound with the Agricultural Report for 18S8, be- 
ginning at page 534. 

Indianapolis, Agent of State for. — By act January 6, 
182 1 (182 1, p. 44), commissioners were appointed to lay 
off town, etc., for the " permanent seat of government/' 
the town to be ' 'called and known by the name of Indian- 
apolis." The act also provided for election by General 
Assembly of an agent to attend to sale of lots, etc. 
By act January 15, 1844 (1844, p. 103), the books, etc., were 
transferred to the Auditor of State. See also 1 R. S. 1851, 
p. 150. Several reports made by this agent are con- 
tained in the House and Senate Journals. The following 
are included in the Documentary Journals : 

Dec. 1, 1835 1835-6, Doc. No. — . 

Dec. 29, 1^40 1840-1, P. i, p. 493. 

Insane Hospitals. — The annual report of the Board of 
Trustees for 1852 (Doc. J. 1852-3, P. 2, p. 153), contains 



INDIANA STATE PUBLICATIONS. 187 

a history of the original hospital and the prior legislation 
in relation to it. 

A joint resolution was adopted February 13, 1843 (Loc. 
L. 1843, p. 188), requesting the Governor to communi- 
cate information with a view to establishing a " lunatic 
asylum." An act to raise funds for erecting such asylum 
was passed January 15, 1844 (1844, p. 50), and on January 
13, 1845 (1845, p. 58), commissioners were appointed to 
select and purchase a site. The commissioners having 
selected a site near Indianapolis, they were authorized to 
erect buildings for an institution named the " Indiana 
Hospital for the Insane," and were required to report an- 
nually to the General Assembly. Act January 19, 1846 
(1846, p. 116). The act February 15, 1848(1848, p. S3), 
provided for election of commissioners, who were re- 
quired to make annual reports to the General Assembly. 
By act February 3, 1S53 (1853, p. 120), the commissioners 
were required to report annually on October 31 to the 
Governor. This provision as to reports has remained un- 
changed by subsequent legislation. 

The act March 11, 1875 ( Re g- Sess. 1875, P- 84} > pro- 
vided a Provisional Board of Commissioners to superin- 
tend erection of a new building, to be designated, when 
completed, the "Indiana Hospital for the Insane, Depart- 
ment for Women/' the old buildings to be known there- 
after as "Indiana Hospital for the Insane, Department 
for Men." 

The act March 7, 1883 (1883, p. 164), provided for the 
construction of three additional hospitals and for the gov- 
ernment of the same by boards of commissioners under 
the same general regulations governing the old hospital. 
By act March 1, 1889 (1S89, p. 68), separate boards of 
trustees were provided for each of the additional hospitals, 
one of which is located near Logansport and known as 



188 INDIANA STATE PUBLICATIONS, 

the "Northern Indiana Hospital for the Insane," one nea 
Richmond, and one near Evansville, and were require 
to make biennial reports covering the 'two * years endir., 
.October 31, and to submit the same to the Governor on c 
before December 1 preceding each regular session of thd 
General Assembly. 

The reports of the old hospital are all included in the 
Documentary Journals and Annual Reports, but are er- 
roneously numbered. 



Reports of Old Hospital : 



Year. 


No. 


i845 


1. 


1846 


2 


1847 


3 


1848 


4 


1849 


5 


1850 


6 


1851 


... 


1852 


... 


1853 


... 


i854 




1855 


... 


1856 


... 


1857 


... 


1858 


... 


1859 


11 


i860 


12 


1861 


... 


1862 


H 


1863 


15 


1864 


16 


1865 


17 


1866 


18 


1S67 


19 


1868 


20 


1869 


21 


1870 


22 


1871 


2 3 


1872 


34 


1873 


25 



Doc. J. AND A. R. 

.1845-6, P, 2, p. 173. 
,1846-7, P. 2, p. 53. 
.1847-8, P. 2, p. 53. 
.1848-9, P. 2, p. I. 



185O-I, P. I, p. 233. 

(7) 1S51-2, P. 2, p. 115. 

(8)..... 1S52-3, P. 2, p. 153. 

(9)- l8 53» Doc - No - — • 

(10) 1854-5, P. 2, p. 653. 

(11) • 1855. p - 2 > P-4 1 - 

(12) 1856-7, P. 2, p. 85. 

(13)- 1S57, P. 2, p. 105. 

(14) 1S5S-9, P. 2, p. 77. 

(15) lS 59, P- 2, p. 73- 

(16) 1S60-1, P. 2, p. 25. 

(17) 1861, p. 101. 

(18) .......1S62-3, P. 1, p. 217. 

(19) lS6 3» P- 3i7- 

(20) 1864-5, p. 369. 

(21) 1S65-6, p. in. 

(22) 1S66-7, Doc. No. 2. 

(23) 1S67-8, Doc. No. 7, p. 251. 

(24) " 

(25) 1869, Doc. No. — . 

(26) 1870-1, P. 2, Doc. No. — • 

(27) 1871, Doc. No. 4. 

(2S) 1872-3, Doc. No. — 

(29) 1873, Doc. No. 12. 



1 



INDIANA STATE PUBLICATIONS. 1 89 

Year. No. Doc. J. and A. R. 

1574 26 (30) ..1S74-5, P- 2, Doc. No. 6. 

1575 27 (31) 1875, Doc. No. 11. 

1876 ... (32) 1876-7, P. 2, Doc. No. 6. 

1S77 ... (33) lS 77> Doc. No. 10. 

1S7S 30 (34) 1S78-9, P. 2, Doc. No. 5. 

1S79 3 1 (35) l8 79> p - *» Doc. No. 3. 

jSSo 32 (36) 1880, P. 2, Doc. No. 6. 

1551 33 (37) 1881, Doc. No. 9. 

1552 34 (3S) 18S2, Doc. No. 7. 

1553 35 (39) • l8s 3> Doc. No. 8. 

1554 36 (40) 1884, Doc. No. 10. 

1555 37 (41) 1885, Doc. No. 4. 

1586 38 (42) 1886, Doc. No. 9. 

1587 39 (43) 1887, Doc. No. 4. 

1SS8 40 (44) 1888, P. 2, Doc. No. 1. 

Reports of Provisional Board, Department for Women. — 

July 1, 1876 ^75, Doc. No. 12. 

Dec. 31, 1876 1876-7, P. 2, Doc. No. 7. 

Oct. 31, 1878 (from March 20, 1S75) 1878-9, P. 2, Doc. No. 6. 

Report of Superintendent of Construction, Department for 
Women. — 

Dec, 1880 (for 1S79-S0) 1880, P. 2, Doc. No. 7. 

Reports of Additional Hospitals. — A report by the Com- 
missioners, in pamphlet form (126 pages), was made in 
1886, but was not included in the Documentary Journal 
for that year. It covers a period from organization of 
board, April 11, 1883, to December 7, 1886. 

Insurance Commission. — Pursuant to a concurrent reso- 
lution (Laws 1879, p. 261), a commission was constituted 
to codify the insurance laws and report a bill to the next 
General Assembly. The commission made a report to the 
next session, which is not contained in the House, Senate, 
or Documentary Journals of 1881, but which was printed 
in pamphlet form. The report covers 25 pages, and the 
accompanying bill 36 pages. 



- 



igo INDIANA STATE PUBLICATIONS. 

Insurance Commissioner. — Mr. John A. Finch was ap- 
pointed by Gov. Hendricks as Special Commissioner sq 
1875, and also in 1876 to attend the National Convention 
of Insurance Commissioners held in those years. His re- 
port, dated January 1, 1877, is found in Documentary 
Journal 1876-7, P. 1, Doc. No. 14. ' "; 

Internal Improvement; Board, etc. — One of the condi- 
tions of the congressional enabling act (April 19, 1816), for 
the organization of the State of Indiana out of the Indiana 
Territory was, that "5 per cent, of the net proceeds of the] 
lands lying within said territory ■ * * * shall be re 
served for making public roads and canals, of which:; 
three-fifths shall be applied to those objects within the said. 
State, under the direction of the Legislature thereof, etc." 
This condition was accepted by the Constitutional Con- 
vention of 1816, and, in anticipation of the receipts of the 
3 per cent, fund, the State early began the work of inter- 
nal improvement. 

In 1821 the sum of $100,000, "of the fund commonly 
called the 3 per cent, fund," was appropriated for the con- 
struction of certain "State roads, * ? therein named ; various 
commissioners were appointed to supervise the works and 
the office of "Agent of the 3 per cent, fund" was created. 
(Laws 1882, p. 152.) In 1824 an appropriation out of the 
3 per cent fund was made for the improvement of the 
navigation of the Wabash river. (S'pl. Acts 1824, p. 82.) 
In 1828 the construction of the Wabash and Miami (after- 
wards called the Wabash and Erie) Canal, was author- 
ized. Laws 1828, p. 10.) In 1829 further legislation was j 
had respecting the State roads and the duties of the Agent 
of the 3 per cent, fund, who was required to report annu- 
ally to the Legislature. (Laws 1829, p. 98.) In 1830 the 
New Albany and Vincennes Turnpike Road was incor- 
porated and the State Treasurer authorized to subscribe 



- 



INDIANA STATE PUBLICATIONS. 191 

for 1 00 shares of stock for the State. (Laws 1830, p. 60.) 
In 183 1 a commissioner was appointed for the construc- 
tion of a portion of the Michigan road. (Spl. Acts 183 1, 

p. no.) 

There was a prospect of getting some more money from 
ihe United States government, arising out of the antic- 
ipated division of the surplus revenue, which was after- 
wards made (1836), and various other acts were passed 
{'or the construction of canals, railroads, and other public 
works, and the creation of the offices of Canal Commis- 
sioners, etc., and finally, in 1836, by act January 27 (1836, 
p. 6), a vast general scheme of internal improvement was 
hatched. This act, commonly known as the "Internal 
Improvement Act," provides for the construction, or for 
surveys and estimates with a view to the construction of 
the following public works : 

1. White Water Canal, and a connection between it 
and the Central Canal by canal, if practicable, if not, by 
railroad. 

2. Central Canal. 

3. An extension of the Wabash and Erie Canal from 
the mouth of the Tippecanoe River to Terre Haute, and 
thence to connect with the Central Canal. 

4. A railroad from Madison, by way of Indianapolis, 
to Lafayette. 

5. A McAdamized turnpike road from New Albany to 
Vincennes. 

6. A railroad, if practicable, if not a McAdamized road, 
from JefTersonville, by way of New Albany and Salem, to 
Crawfordsville. 

7. • The removal of obstructions to navigation of the 
Wabash River, between its mouth and Vincennes. 

8. The Erie and Michigan Canal or Railroad. 

The board was authorized to put under contract and 
construct that part of the Wabash and Erie Canal lying 



. ™^ 



ig 2 INDIANA STATE PUBLICATIONS. 

between the Tippecanoe River and the Ohio line. Pro- 
vision was also made for the issue of State bonds to aid in 
the construction of the Lawrenceburg and Indianapolis 
Railroad. 

The act provided for the appointment of six persons, 
who, together with the three existing Canal Commission- 
ers, were to constitute a * 'Board of Internal Improve- 
ment." The act also created a "fund for internal im- 
provement," and imposed additional duties upon the Canal 
Fund Commissioners. The board was required to report 
annually to the Legislature, and, also, when required, to 
the Governor. By an amendatory act, passed February 6, 
1837 ( l &37> P- 66), it was provided that the board of Canal 
Fund Commissioners (afterwards reduced to one commis- 
sioner) should be designated as the "Fund Commissioners 
of Indiana." Surveys were directed for the purpose of 
extending the Erie and Michigan Canal, and constructing 
the East Fork Canal (Laws, 1837, PP« 73> 74-)> anc * various 
other public works were begun or contemplated. In 1839, 
by act February 8 (1839, P- 3)» tne number of members of 
the Board of Internal Improvement was reduced to three, 
and the board was authorized to take charge of all the pub- 
lic works of the State. The act also created the office of 
"Chief Engineer" of the State. 

The whole system soon broke down, and by act January 
28, 1842 (1842, p. 3), the Board of Internal Improvement 
and the offices of Fund Commissioner and Chief Engineer 
were abolished (Sec. 65). 

The repealing act provided for continuing the construc- 
tion, by private corporations, of several of the works al- 
ready begun, and for a commissioner to take charge of the 
Wabash and Erie Canal east of Lafayette (provision hav- 
ing before been made for the completion of the canal west 
of that place,), and the Erie and Michigan Canal, and to 
perform all the duties in relation thereto before required of 






INDIANA STATE PUBLICATIONS. 193 

ihe Board of Internal Improvement. State Agents were 
also appointed for the Madison and Indianapolis Rail- 
road, the Whitewater Canal, and the New Albany and 
Vincennes road. The act (Sec. 68) also created the 
office of "Agent of the State/' to whom was transferred 
!he various duties before imposed upon the Fund Com- 
missioner. 

The State being now deeply in debt, in order to settle 
with its creditors and complete the Wabash and Erie 
Canal to Evansville, the acts of January 19, 1846 (1846, 
p. 3), and January 27, 1847 (1847, p. 3), were passed, the 
first of which, commonly known as the "Butler bill," pro- 
viding for the funded debt of the State, a "Board of Trus- 
tees of the Wabash and Erie Canal," and its completion 
to Evansville. 

The proposition of Charles Butler, Esq., the representa- 
tive of the bondholders, upon which the Butler bill was 
based, and various messages, reports and other documents 
in relation thereto, will be found in the Documentary Jour- 
nal of the 30th session (1845-6). In these documents, 
and in those contained in the Documentary Journals for 
subsequent years, particularly in the reports of the Auditor 
of State, will also be found much information as to the ex- 
penditures upon and receipts from the various public works 
and the final disposition of them by the State. - , 

Many reports are found in the House, Senate and Docu- 
mentary Journals made by the different Boards, Commis- 
sioners, Superintendents, Engineers, etc., appointed in 
pursuance of the acts above mentioned, and also divers 
reports made by them and by the Board of Internal Im- 
provement, in response to resolutions of the House or 
Senate, or calls by the Governor. The regular annual 
reports of the Board of Internal Improvement were six in 
number, and were as follows : 



V— V-T- • • 



1 94 INDIANA STATE PUBLICATIONS. 

Date. Doc. J. 

Dec. 17, 1836 1836-7, Doc, No. — . 

Dec. 15, 1837 1837-S, Doc. No.—. 

Dec. 21, 1838 1838-9, p. 102. 

1839 1839-40, P. 1, p. 11. 

Nov. 30, 1840 1840-1, P. 2, p. 3. 

Dec. 6, 1841 1841-2, P. 1, p. 53. 

Kankakee River Commissioners. — The " Board of Com- 
missioners for the removal of the limestone ledge in the 
Kankakee river," was created by act March 7, 1889 (1889, 
p. 291), requiring the board to report annually to the Gov- 
ernor. No reports have yet been published. 

Librarian, State.— A State Library was established by 
act February 11, 1825 (1825, p. 47), and Secretary of State 
made ex-officio State Librarian and required to make an- 
nual reports to the General Assembly. The act of Feb- 
ruary 2, 1841 (1841, p. 114), provided for election of Li- 
brarian by Legislature. Various duties in addition to care 
of the State Library have been imposed upon the Libra- 
rian by different statutes. See Laws 1841, p. 114; Laws 
1889, p. 58. 

The provision for Annual Reports to the Legislature 
was retained until the sessions became biennial, when the 
Librarian was required to report to it biennially. 1 R. S. 
1852, p. 348. This has continued to be the law. The re- 
ports of the Librarian prior to the commencement of the 
Documentary Journals are contained in House and Senate 
Journals and a few are contained in the latter which are 
omitted from the former, as noted below. 

There are contained in the Documentary Journals and 
Annual Reports the following : 



INDIANA STATE PUBLICATIONS. 195 

Year. Doc. J. and A. R. 

1835 .1835-6, Doc. No. — . 

1S36 (S.J. 1836-7, p. 28) Omitted. 

1837 1S37-S, Doc. No. — . 

1S3S... 1838-9, p. 27. 

1S39* 

1840 Omitted. 

1841 1841-2, P. 2, p. 13. 

1842 (S. J. 1S41-2, p. 461) Omitted. 

i»43 ■ " 

1844 (S. J. 1S44-5, p. 48) " 

1845 1845-6, P. 2, p. 9. 

1846 1846-7, P. 2, p. 143. 

1S47 1847-8, P. 2, p. 279. 

184S 1848-9, P. 2, p. 303. 

iS^9 1849-50, P. 2, p. 235. 

1850 1850-1, P. 2, p. 269. 

1S51 1851-2, P. 2, p. 155. 

1S52 1852-3, P. 2, p. 381. 

1853 Omitted. 

185-1 1854-5, p - 2 < P- 955- 

1855-6 1856-7, P. 2, p. 173. 

1857 to 1S60 Omitted. 

1861-2 1S62-3, P. 1, p. 145. 

1863 to 1S72 Omitted. 

1873-4..... 1874-5, P- 1 * Doc. No. 10. 

1875-6 1876-7, P. 1, Doc. No. 9. 

1S77-S (2 Annuals) 1S78-9, P. 1, Doc. No. 9. 

1879-80 (2 Annuals) 1880, P. 1, Doc. No. 16. 

*Report made but not printed. See report of Philip Sweetzer of House 
Committee, contained in Doc. J. 1S40-1, P. 1, p. 527. 

The biennial reports for the following years have been 
omitted from the Documentary Journals and Annual Re- 
ports, but have been printed separately in pamphlet form : 

1881-2. 
1883-4. 
1885-6. 
1887-8. 

* 

Live Stock Sanitary Commission. — The " State Live 
Stock Sanitary Commission" was created by act March 



fRS - .- * •— r^f^ 



'* 



I9t) 



INDIANA STATE PUBLICATIONS. 



9, 1889 (1889, p. 380), and commission required to make 
annual reports to the Governor, to be by him submitted to 
next regular or called session of the General Assembly. 
No reports have yet been published. 

Loan Commissioners. — A "Board of Loan Commission- 
ers" was created to meet the expenses incident to the re- 
bellion by act May 13, 1861 (Spl. Sess. 1861, p. 16). The 
act required the board to make quarterly reports to the 
Auditor of State, but a report was also made to the Gov- 
ernor, reporting the proceedings of the commissioners from 
date of organization to date of report (January 9, 1863). 
The report is contained in Doc. J. 1862-3, P. 2, v. 2, p. 993. 

Michigan Road Commissioner \ — See Internal Improve- 
ment, etc. Several acts have been passed relating to the 
Michigan road and from time to time commissioners have 
been appointed whose duties related either to what were 
called the "Michigan road lands," or to the construction 
of the road or some part of it. See Spl. Acts 183 1, p. 
119; Loc. L. 1836, p. 348. By the last act it was pro- 
vided that after February 20, 1837, tne office of Commis- 
sioner of the Michigan Road should be abolished, but by 
subsequent acts it was continued for specified purposes for 
a few years after that time. By act January 15, 1844 
(1844, p. 103), the books, etc., of the office were trans- 
ferred to the Auditor of State. See, also, 1 R. S. 1852, 
p. 150. 

The following reports of commissioners are contained 
in the Documentary Journals : 

Year. Doc. J. 

1836 1836-^, Doc. No. — . 

1837 1837-8, Doc. No. — . 

1838 1838-9, p. 649. 

1839 1839-40, p. 131. 



^PP^y^>^»yBe^!»i«^»'*~' r w. « - wT--.T~- 



INDIANA STATE PUBLICATIONS. igj 

Mine Insfector. — The act March 8, 1879 ( T ^79» P- I 9)> 
created the office of "Mine Inspector," and required an- 
nual reports to the Governor. It was abolished by act 
February 26, 1889. See Geology, etc. 

The following reports are contained in the Documentary 
Journals and Annual Reports ; 

No. Year. Doc. J. and A. R. 

1 1879-S0 1SS0, P. 1, Doc. No. 7. 

2 1S81 1SS1, Doc. No. 13. 

1882 Omitted. 

3 (4) 1883 1883, Doc. No. 12. 

4 (5) 1884 1884, Doc. No. 14. 

6 1SS5 1885, Doc. No. 8. 

7 18S6 1SS6, Doc. No. 13. 

9 (iBien.)iSS7-8 1888, P. 1, Doc. No. 7. 

New Alba?iy and Vincennes Ttirnfiike Road. — See In- 
ternal Improvement. The company for the construction 
of this road was incorporated by act January 29, 1830 
(1830, p. 60), and the State Treasurer authorized to sub- 
scribe 100 shares for the State. It is one of the public 
works included in the Internal Improvement act. By act 
February 22, 1840 (Loc. L. 1840, p. 148), it was taken 
out of the control of the Board of Internal Improvement 
and put in charge of superintendents, who were required 
to make annual reports to the Board of Internal Improve- 
ment or Treasurer of State on or before October 1 in each 
year. A subsequent act required reports to Auditor of 
State (1845, p. 57). 

The following reports are included in the Documentary 
Journals : 

Year. Doc. J. 

184s. :iS45-6, P. 2, p. 77. 

1846.... 1846-7, P. 2, p. 85. 

1S47 ,1847-8, P. 2, p. 223. 

1S48 184.S-9, P. 2, p. 290. 

1849 1S49-5O, P. 2, p. 23I. 

185O 185O I, P. I':, p. I93. 



,,... ....,...--.,.- _ . ■ ■ - ' 



jgS INDIANA STATE PUBLICATIONS. 

Normal School. — The act December 20, 1865 (Spl. Sess. 
1865, p. 140), authorized establishment of the "Indiana 
State Normal School," and required Board of Trustees to 
report biennially to Legislature, and to Governor on or 
before first Monday in January when Legislature is not in 
session. The public printing act of 1885 requires biennial 
reports only. There is some confusion in the numbering 
of the reports. In the one of 1875 ^ ie President states 
that it is the ' 'sixth annual since its organization." After 
that, with two exceptions, the reports are regularly num- 
bered. 

The following are contained in the Documentary Jour- 
nals and Annual Reports : 

No. Year. Doc. J. and A. R. 

1870..... 1870-1, P. 2, Doc. No. — . 

1871 Omitted. 

1872 J S72-3, Doc. No. — . 

1873-4 1874-5, p - 2 > Doc - No. 3. 

6 1875 1875, Doc. No. 5. 

7 1876 ....1876-7, P. 2, Doc No. 3. 

8 1877 1877, Doc. No. 5. 

9 1878 1878-9, P. 2, Doc. No. 3. 

(10) 1879 1879, P. 2, Doc. No. 9. 

11 1880 1880, P. 1, Doc. No. 14. 

12 1881 18S1, Doc. No. 7. 

13 1882 18S2. Doc. No. 6. 

14 1S83 1SS3, Doc. No. 7. 

15 1884 1884, Doc. No. 9. 

16 1885..... 1885, Doc. No. 3. 

(1 Bien.) 1886 18S6, Doc. No. 8. 

(2 " ) 18S7-8 1S8.8, P. 1, Doc. No. 12. 



Oil Inspector. — The office of "State Inspector of Oils" 
was created by act March 31, 1879 ( r ^79» P- J ^ 2 )> requir- 
ing him to make annual reports to the Governor on second 
Monday in January. The office was abolished by act Feb- 
ruary 26, 1889 (1889, p. 44). See Geology, etc. The 



f^t^x^ ^^ f ^m . m .,, - ,,, ^ .-^-- 



INDIANA STATE PUBLICATIONS. 



199 



following reports are contained in the Documentary Jour- 
nals and Annual Reports : 

Year. Doc. J. and A. R. 

1550 (From June 6, 1879, to Dec. 31, i88o)..i88o, P. 1, Doc. No. 8. 

1551 (From June 13,1881^0 Dec. 31, i88i)..i88i Doc. No. 14. 

18S2 1SS2, Doc. No. 11. 

1SS3 Omitted. 

1884 1884, Doc. No. 15. 

1885 1885, Doc. No. 9. 

1SS6 ...1SS6, Doc. No. 14. 

18S7 Omitted. 

18S8 .1888, P. i, Doc. No. 8. 

Prison South. — The Southern Prison at Jeffersonville 
was located by act January 9, 1821 (1821, p. 24), which 
created a "Board of Managers," provided for the appoint- 
ment of an agent to superintend the prison, and required 
him to report annually to the General Assembly. The act 
February 17, 1838 (R. S. 1838, p. 572), authorized the Gov- 
ernor to appoint a Superintendent and a Visitor, who were 
to report respectively to the Secretary of State and to the 
Governor. 

The erection of a new State prison at the same place 
was authorized by act January 31, 1842 (1842, p. 98). An 
act passed January 16, 1846 (Loc. L. 1846, p. 35), pro- 
vided for election by Legislature of a Warden, he to re- 
port annually to the Legislature, and the appointment by 
the Governor of a Chaplain. By act May 27, 1852 (1 R. 
S. 1852, p. 391), it was provided that the officers should 
consist of the lessee, warden, chaplain and physician, the 
warden to report to the General Assembly at each session. 
By two acts passed March 3, 1855 ( x ^55' PP« I 95» J 97)» 
the government of the prison was vested in three Direct- 
ors, they to elect the warden. The first act also provided 
tor the appointment of a "Moral Instructor," and abolished 
the office of Visitor. The last act required the Directors 



. 



200 INDIANA STATE PUBLICATIONS. 

to report annually to the Governor in December. Former 
laws were repealed, and a general law passed Februar}- 5, 
1857 (1857, p. 103), but provision as to Directors' reports 
remained unchanged. 

After the act of 1859, providing for the Northern Prison, 
the old prison was known as the "Prison South." 

Reports of Visitors, Superintendents, etc., of Old State 
Prison. — The separate reports of the Visitors, etc., of the 
Old State Prison, prior to the commencement of the Doc- 
umentary Journals, are found in the House and Senate 
Journals. There are contained in the Documentary Jour- 
nals the following : 

Year. Doc. J. 

1838 (Supts.) 1838-9, p. 530. 

1839 " 1839-40, P. 2, p. 154. 

1540 (Visitor) 1839-40, P. 1, p. 135. 

1541 (Supts.) 1841-2, P. 2, p. 503. 

1842 (Visitor) 1842-3, P. 1, p. 79. 

1543 (Vis. and Supt.) x 843~4, P. x, p. 291. 

1544 " " 1844-5, P. 2, pp. 51, 59. 

1545 " " 1845-6, P. 2, pp. 19, 27, 279. 

1846 (Visitor) 1846-7, P. 2, p. 135. 

1848 " 1848-9, P. 2, p. 105. 

1850 " 1 850-1, P. 1, p. 209. 

1854 (Vis. and Chaplain) !854~5, P. I, pp. 509, 515. 

Reports of Wardens, Directors, etc. — The reports of the 
Wardens, Directors, etc., begin with the one for 1846, and 
generally include reports of the chaplains and physicians. 
The numbering of the reports got into confusion, and was 
abandoned after 1864. From 1856 to 1876 the reports are 
for the years ending December 15 ; after that for years 
ending October 31. The following are contained in the 
Documentary Journals and Annual Reports : 






— I I J 



INDIANA STATE PUBLICATIONS. 201 

Old State Prison- 
No. Year. Doc. J. and A. R, 
i ■ 1846 1846-7, P. 2, p. 37. 

2 1847 1S47-8, P. 2,p. II 5 . 

3 1S48 1848-9, P. 2, p. 69. 

4 1849 1849-50, P. 2, p. 181. 

5 lS 5° 1850-1, P. 1, p. 159. 

6 1851 1851-2, P. 2, p. 271. 

7 *S 5 2 1852-3, P. 1, p. 273. 

8 1853 1S53, Doc. No.—. 

8 (9) 1S54 1854-5, P. 2, p. 969. 

... (10) 1855 r ^55i V- 2 < P- 2GI - 

... (11) 1856. 1856-7, P. 2, p. 205. 

.» (12) 1857..' 1857, P. 2, p. 221. 

12 (13) 185s 1858-9, P. 2, p. 189. 

13 (14) 1859 1859, P. 2, p. 113 

Prison South — 

No. Year. Doc. J. and A. R. 

14 (15) i860.... 1860-1, P. 2, p. 245. 

15 (16) 1861 1861, p. 519. 

16 (17) 1862 1862-3, P. 2 > v - 2 » P- 933* 

17(18) 1863 1863, p. 349. 

18 (19) 1864 1864-5, P. *> P- 793- 



Year. Doc. J. and A. R. 

1865 to 1S67 Omitted. 

1868 1S67-8, Doc. No. 8. 

" Supplement 1868-9, Doc. No. — . 

1869. 1869, Doc. No. — . 

1870 1S70-1, P. 2, Doc. No. — . 

1871 1871, Doc. No. 6. 

1872 x S72-3, Doc. No. — . 

1873 lS 73, Doc. No. 8. 

1874 1874-5, P. 2 > Doc - No - IO * 

1875 1875, Doc. No. 18. 

1876 1876-7, P. 2, Doc. No. 14. 

1877 1877, Doc. No. 15. 

1878 1878-9, P. 2, Doc. No. 13. 

1879 , 1879, P. 2, Doc. No. 13. 

1880 1880, P. 2, Doc. No. 3. 



'■ 



■•'•■■'•_-- 



202 INDIANA STATE PUBLICATIONS. 

Year. Doc. J. and A. R. 

1881 1S81, Doc. No. 18. 

1882 1S82, Doc. No. 14. 

1883 :.., 1883, Doc. No. 15. 

1884 1S84, Doc. No. 18. 

1885 1SS5, Doc. No. 12. 

1886 1886, Doc. No. 17. 

1887 1SS7, Doc. No. 8. 

1888 18S8, P. 2, Doc. No. 7. 

Prison North. — The act March 5, 1859 (1859, P- J 35)> 
provided for erection of the Prison North, and made the 
laws in relation to Old State Prison applicable to the new 
one. The reports are for the years ending December 15 
to 1876, inclusive ; after that they are for years ending 
October 31. After 1864 they are not numbered. The fol- 
lowing are contained in the Documentary Journals and 
Annual Reports : 

No. Year. Doc. J. and A. R. 

1 i860 1860-1, P. 2, p. 439. 

2 1861 1861, p. 399. 

3 1862.... 1862-3, P- 2 > v - I > P-49* 

4 1863 1863, p. 401. 

5 l86 4 1864-5, P. 1, p. 605. 



Year. Doc. J. and A. R. 

1865 to 1868 Omitted. 

1869 1869, Doc. No. — . 

1870 1870-1, P. 2, Doc. No. — i 

1871 1871, Doc. No. 5. 

1872 1872-3, Doc. No. — . 

1873 I 873, Doc. No. 9. 

1874 : 1874-5, p - 2 > Doc - No - "• 

1875 1875, Doc. No. 17. 

1876 1876-7, P. 2, Doc. No. 13. 

1877 1S77, Doc. No. 14. 

1878 1 1878-9, P. 2, Doc. No. 12. 

1879 l8 79, P. 2, Doc. No. 14. 

1880 1880, P. 2, Doc. No. 2. 



J 



INDIANA STATE PUBLICATIONS. 203 

Year. Doc. J. and A. R. 

1SS1 1881, Doc. No. 19. 

i$S> 1882, Doc. No. 15. 

i$S3 1883, Doc. No. 16. 

1SS4 , 1884. Doc. No. 19. 

18S5 1885, Doc. No. 13. 

1SS6 1886, Doc. No. 18. 

1SS7 '. 1S87, Doc. No. 7. 

iSSS 188S, P. 2, Doc. No. 8. 

public Instruction, Superintendent. — Reports in favor of 
appointing a superintendent of common schools were made 
to tiie House of Representatives at the sessions of 1838-9 
(Doc. J. 1838-9, p. 587), and 1840-1 (Doc J. 1840-1, P. r, 
p. 513). By R. S. 1843, p. 324, the office of "Superintend- 
ent of Common Schools" was created and the Treasurer 
of State was required to perform the duties as a part of the 
duties of his office, and to make annual reports to the Gen- 
eral Assembly. 

The Constitution of 185 1 (art. 8, sec. 8) provided for the 
election of a "State Superintendent of Public Instruc- 
tion, " and various laws have since been enacted defining 
his duties. By 1 R. S. 1852, pp. 448-9, he was required to 
make annual reports to the General Assembly when in 
session, when not, to the Governor. By sections 127, 128, 
act March 11, 1861 (Reg. Sess. 1861, p. 68), he was re- 
quired to make biennial reports to General Assembly 
when in regular session, and in years when not, to make 
brief reports in January to the Governor. The public print- 
mg act of 1885 provides for the publication of the biennial 
reports only. 

The reports of the Treasurer of State as ex-officio Super- 
intendent of Common Schools were regularly made and 
are included in the Documentary Journals, except the one 
for 1848. This was made to the House (House J. 1848-9, 
P* 47), but was not printed in either the House or Docu- 
mentary Journal for that year. 



- ' ■ ' 



204 



INDIANA STATE PUBLICATIONS. 



The reports of the Superintendent of Public Instructic .-•-. \ 
are contained in the Documentary Journals and Annual J 
Reports except as indicated below. The 3d and subse- 
quent biennial reports are for the years ending August 31. 1 

Reports of Superintendent of Common Schools — 

Year. Doc. J. 

1843 1843-4, P. 1, p. 325. 

1844 1844-5, p - x > P- 77- 

1845 1845-6, P. 2, p. 101. 

1846 1S46-7, P. 2, p. 119. 

1847 1847-8, P. 2, p. 349. 

1848 Omitted. 

lS 49 1849-50, P. 2, p. 243. 

1850 1850-1, P. 1, p. 225. 

1851 1851-2, P. 1, p. 1. 

Reports of Superintendent of Public Instruction. — 

Year. 

1852 

1853 

1854 

1855 

1856 

1857 1857, P. 1, p. 293. 

1858 1858-9, P. 2, p. 287. 

1859 1S59, P. 2, p. 193. 

i860 1860-1, P. 2, p. 317. 

1861 1S62-3, P. 2, v. 1, p. 149 

1861-2 1S62-3, P. 1, p. 1, 

1863 1863, p. 457. 

1863-4 1864-5, P- !' P- 2 9- 

1865-6. IS65-6, p. 2SI. 

1867 1867-s, p. 243. 

1867-8 1S67-8, Doc. No.—. 

1869 1869, Doc. No. — . 

1869-70 1870-71, P. 1, Doc. No.—. 

1871 Omitted. 

1871-2 1872-3, Doc. No. — . 



No. 


Biennial. 


1 


... 


2 


... 


3 


... 


4 


... 


i 


... 


6 


... 


7 


... 


8 


... 


9 


... 


10 


... 


11 


1 


12 


... 


13 


2 


H 


3 


<*5> 


... 


16 


4 


(17) 


... 


18 


5 


*9 


... 


20 


6 



Doc. J. 


AND 


A. R 


1852-3, P. 


2, p. 


245- 


1853, Doc 


. No 


. — . 


I854-5. P- 


2, p. 


817. 


1855, P. 2, 


P- 2 33- 


1856-7, P. 


1, p. 


435- 



"• *w r< « ' " - ... 






INDIANA STATE PUBLICATIONS. 205 

; . Biennial. Year. Doc. j. and A. R. 

I] ... 1873 1873, Doc. No. 5. 

j 7 1S73-4 l8 74-5> p - 2 > D oe. No. 1. 

, ... 1S75 1875, Doc. No. 4. 

4 S 1875-6 1876-7, P. 2, Doc. No. 1. 

- ... 1877 1877, Doc. No. 4. 

6 9 1877-8 187S-9, P. 2, Doc. No. 1. 

... . 1879 1879, P. 2, Doc. No. 4. 

g 10 1879-80 Omitted. 

9 ... 1881 1881, Doc. No. 4. 

n 1881-2 '. Omitted. 

1883 1883, Doc - No - 4- 



I The following biennial reports, not contained in the 
Documentary Journals and Annual Reports, have been 
published separately: 



No. 


Biennial. 


Year. 


2S 


10 


1879-80. 


3° 


11 


1881-2. 


3 2 


12 


1883-4. 


34 


13 


1885-6. 


36 


H 


1887-8. 



Purdue University . — By act March 6, 1865 (Reg. Sess. 

\ ^65, p. 106), the State accepted the provisions of the act 
of Congress, passed July 2, 1862, donating lands for agri- 

[ cultural and mechanical colleges, and created a board of 
"Trustees of the Indiana Agricultural College.'" A further 

I act was passed, May 6, 1869 (Spl. Sess. 1869, p. 24), accept- 
ing donation made by John Purdue, locating the institu- 
tion in Tippecanoe county, under the name of "Purdue 
University," and changing the name of old board of trustees 
of the Agricultural College to "Trustees of Purdue Uni- 
versity." John Purdue was given visitorial powers, and 
authorized to report to General Assembly at any session 
thereof. 

A history of the institution is given in the report of the 
secretary for 1874. 



' 



2 o6 INDIANA STATE PUBLICATIONS. 

By the public printing act of 1885, the reports are to be 
published biennially, the catalogues annually. The num- 
bering of the reports begins with the one for the year 1874, 
the institution not having been formally opened until Sep- 
tember of that year. The following are contained in the 
Documentary Journals and Annual Reports : 

No. Year. Doc. J. and A. R. 

1870 1S70-1, P. 2, Doc. No. — . 

(1) 1874 .*. l8 74"5> P- 2, Doc. No. 4. 

1875 (Treasurer's Report) 1S75, Doc. No, 7. 

2 1S75-6 , 1876—7, P. 2, Doc. No. 4. 

(3) i877 1877, Doc No. 7. 

4 1878 1878-9, P. 2, Doc. N0.4. 

5 1879 1879, P. 2, Doc. No. 8. 

6 1880 1S80, P. 1, Doc. No. 15. 

7 1881 1S81, Doc. No. 6. 

8 1882 1882, Doc. No. 5. 

9 1883 1S83, Doc. No. 6. 

10 1884 1S84, Doc. No. 8. 

12 (1 B.) 1885-6 1886, Doc. No. 7. 

14(2 ") 1887-8 18S8, P. i, Doc. No. 11. 

Quarter- Master General. — The office of Quarter-Master 
General was created by Constitution of 1816 (art. 7, sec. 
7), and continued by Constitution of 185 1 (art 12, sec. 2). 
His duties have been defined in the various militia laws. 
See also acts May 31 and June 3, 1861 (Spl. Sess. 1861, 
PP- 8S- 87). 

The following reports are contained in the Documentary 
Journals and Annual Reports : 

Year. Doc. J. and A. R. 

1844 i344-5> P- 2, p. 35. 

1845 1845-6, P. 2, p. 43. 

1846 1846-7, P. 2, p. 17. 

1847 1847-3, P. 2, p. 319. 

1848-1849 Omitted. 

1850 1850-1, P. 2, p. 277. 

1851-1857.. : Omitted. 



Pma ^ W ' l i * !*^ ^ l ^■' y ^^^ '' • ^' , ^^^ m ' 



INDIANA STATE PUBLICATIONS. 207 

Year. Doc. J. and A. R. 

1S5S..... 1858-9, P. 2, p. 261. 

iSq9-i86o Omitted. 

1561 (April 29, 1861, to May 1, 1862) 1862-3, p - 2 > v - *» P- 6 49- 

1562 (May 30 to October 13, 1862) 1862-3, P. 2, v. 1, p. 681. 

1863 Omitted. 

1S64 1864-5, p - 2 > P- 2Q 1 - 

1865-73 Omitted. 

1S74 l8 74-5, P. 1, Doc. No. 4. 

1875 Omitted. 

1S76 1876-7, P. 1, Doc. No. 12. 

1877-1878 1878-9, P. 1, Doc. No. n. 

1S79-1880 . 18S0, P. 1, Doc. No. 5. 

Reform School for Boys. — Provision was made by Con- 
stitution of 1 85 1 (art. 9, sec. 2) for a house of refuge for 
juvenile offenders, but no law was enacted until the act 
March 8, 1867 (1867, p. 137), which provided for establish- 
ment of the "House of Refuge for Juvenile Offenders," re- 
quiring the Board of Control to report to Governor annu- 
ally on or before January 1. By act February 23, 1883 
(1883, P- I 9)» tne name was changed to "Indiana Reform 
School for Boys," and the government vested in a Board 
of Control, which was required to make annual reports to 
the Governor on October 31. 

The reports are regularly numbered and after the year 
1876 are for years ending October 31. They are all, ex- 
cept the 2d and 6th, contained in the Documentary Jour- 
nals and Annual Reports. 

Reports of House of Refuge — 

No. Year. Doc. J. and A. R. 

i 1867. 1867-8, Doc. No. 4. 

^2) 1868 Omitted. 

3 1869 1869, Doc. No.—. 

(4) 1870 1870-1, P. 2, Doc. No. — . 

5 1871 .1871, Doc. No. 7. 

(6) 1872 Omitted. 

7 1873 1873, Doc. No. \\. 



f ■■ - ■•-■■■ -■' ~ ' ■ 



208 INDIANA STATE PUBLICATIONS. 

No Year. Doc. J. and A. R. 

8 1874 lS 74~5, P. 2, Doc. No. 12. 

9 1875 1875, Doc. No. 16. 

10 1876 1876-7, P. 2, Doc. No. i2. 

11 1877 1S77. Doc. No. 13. 

12 1878 1S78-9, P. 2, Doc. No. 11. 

13 1879 x 879» P. 2, Doc. No. 12. 

14 18S0 „ tSSo, P. 2, Doc. No. 5. 

15 18S1 1S81, Doc. No. 17. 

16 1882 1882, Doc. No. 13. 

Reports of Reform School for Boys — 

No. Year. Doc. J. and A. R. 

17 18S3 .... 1883, Doc. No. 14. 

18 1884 ...1SS4, Doc. No. 17. 

19 1885 18S5, Doc. No. 11. 

20 1886 1886, Doc. No. 16. 

21 1S87 18S7, Doc. No. 9. 

22 1888 1888, P. 2, Doc. No. 6. 



Rejorm School for Girls, etc. — The "Indiana Reforma- 
tory Institution for Women and Girls" was established by 
act May 13, 1869 (Spl. Sess. 1869, p. 61), anc * government 
vested in a Board of Managers which was required to re- 
port annually to the Governor on or before January 1. 
The act also required Governor to appoint a Board of Vis- 
itors, to make at least two visitations a year, and report 
to him. By act March 9, 1889 (1889. p. 322), the name 
was changed to "Reform School for Girls and Women's 
Prison." The reports subsequent to 1876 are for years 
ending October 31. They are all contained in Document- 
ary Journals and Annual Reports, and are regularly num- 
bered. 



% 



T" ' 



"\ 



INDIANA STATE PUBLICATIONS. 209 

No. Year. Doc. J. and A. R. 

(i) 1870, 1870-1, P. 2, Doc. No. — . 

2 1871-2-3 1873, Doc, No. 10. 

3 1874 1874-5, p - 2 > Doc - No - I 3- 

4 1875 1875, Doc - No - H- 

5 1876 1876-7, P. 2, Doc. No. 11. 

6 1877 1877, Doc. No. 11. 

7 1878 1878-9, P. 2, Doc. No. 10. 

8 1879 1S79, P. 2, Doc. No. 11. 

9 18S0 1880, P. 2, Doc. No. 4. 

10 1881 1881, Doc. No. 16. 

n 1882 1882, Doc. No. 12. 

12 1883 1SS3, Doc. No. 13. 

13 18S4 1884, Doc. No. 16. 

14 1885 18S5, Doc. No. 10. 

15 1SS6 1886, Doc. No. 15. 

16 18S7 1887, Doc. No. 10. 

17 1888 18S8, P. 2, Doc. No. 5. 



Secretary of State. — The office of Secretary of State was 
created by Constitution of 1816 (art. 4, sec. 21), and con- 
tinued by Constitution of 185 1 (art. 6, sec. 1). By Consti- 
tution of 18 16 he was to make reports to either house of 
the General Assembly "when required." The act January 
25, 1841 (1841, p. 124), required him to make annual re- 
ports to the Governor by November 1. By act May 20, 
1852 (1 R. S. 1852, p. 435), he was required to "report rel- 
ative to the official acts and proceedings of the Governor 
to either house of the General Assembly "when required 
by such house," and also to the Governor whenever re- 
quired, upon any subject relating to the duties of his office. " 
The act February 3, 1853,(1853^.120), required him to re- 
port annually to the Governor on October 31. The public 
printing act of 1885 requires biennial reports. The reports 
are not numbered. Several are found in the House and 
Senate Journals. The following are contained in the Doc- 
umentary Journals and Annual Reports : 



- 



2io INDIANA STATE PUBLICATIONS. 

Year. Doc. J. and A. R. 

1835 1835-6, Doc. No. — . 

1838..) 183S-9, p. 25. 

1S39 1S39-4O1 P. 2, p. 77. 

1840 1840-1, P. 1, p. 475. 

1841 1841-2, P. 2, p. 2. 

1842 1842-3. P. 2, p. i. 

1843 • • 1843-4. P. 1, p. 9. 

1844 1S44-5, P. 1, p. 81. 

1845.... 1845-6, P. 1, p. 81. 

1846 1846-7, P. 1, p. 77. 

1847 1847-8, P. 1, p. 151. 

1848 1848-9, P. 1, p. 113. 

1849 1849-5°' p - if P- 77- 

1850 1850-1, P. 1, p. 151. 

1S51 1851-2, P. 1, p. 194. 

1852 Omitted. 

1853 , J 853, Doc. No. — . 

* 8 54 J 854-5. p - 2 » P- JI 57- 

1855 1855, P. 1, p. 257. 

1856 1856-7 P. 1, p. 395. 

1857 1857, P. 2, p. 2S9. 

1858-1859 Omitted. 

i860 1860-1, P. 2, p. 497. 

1861-1870 Omitted. 

1871 1871, Doc. No. 10. 

1872 Omitted. 

1873... - 1873, Doc. No. 1. 

1874 1874-5, p - *i Doc. No. 6. 

1875 1875, Doc - No - *• 

1876 1876-7, P. 1, Doc. No. 5. 

1877 1877 , Doc. No. 1. 

1878 1878-9, P. 1, Doc. No. 5. 

1879 ; 1S79, p - 2 > Doc - ^ T °- *• 

18S0 1880, P. 1, Doc. No. 1. 

1S81 1SS1, Doc. No. 1. 

1882 18S2, Doc. No. 1 

1883 l8 83, Doc. No. 1. 

1884 1884, Doc. No. 3. 

1885-6, 1 Bien ..18S6, Doc. No. 2. 

18S7-8, 2 " 1888, P. 1, Doc. No. 3. 



. ■, . ■ 



INDIANA STA TE PUBLIC A TIONS. 2 1 1 

Sinking Fund. — A history of this fund is found in the 
report of the Auditor of State for 1870, p. 75. 

The act January 28, 1834 ( I ^34» P- 12), establishing a 
State Bank, also created a Sinking Fund, and provided 
that the president and directors on the part of the State 
should constitute a Board of Commissioners of such fund, 
and required the board to make annual reports to the Leg- 
islature. (Sees. 113 to 121.) Various supplemental acts 
were afterwards passed. 

The act March 1, 1859 ( x ^59' P- I ^6), provided for dis- 
tribution of fund, and that after that the office should 
cease. It was finally abolished from and after January 20, 
1867, by act December 21, 1865 (Spl. Sess. 1865, p. 48), 
and books, etc., transferred to Auditor of State. See, 
also, act March 11, '1867, p. 21) ; post: State Debt Sinking 
Fund. 

The reports prior to 1835 are contained in the House 
and Senate Journals. The following are contained in the 
Documentary Journals and Annual Reports : 

Year. Doc. J. and A. R. 

1835 1835-6, Doc. No. — . 

1836 Omitted. 

1837 r 1837-8, Doc. No. — . 

1838........... 183S-9, p. 31. 

1839 , , 1839-40, P. 2, p. 239. 

1840 1840-1, P. 1, p. 213. 

1841 1841-2, P. 1, p. 85. 

1842. 1842-3, P. i, p. 63. 

1843 • 1843-4, P. 2, p. 27. 

1844 1844-5, p - r > P- I2I « 

1845 • l8 45-6\ P. 1, p- 119. 

1846 1846-7, P. 1, p. 113. 

1847 • 1847-8, P. 1, p. 169. 

1848 1848-9, P. 1, p. 273. 

1849 1849-50, P. 1, p. 125. 

1850 Omitted. 

1851 1S51-2, P. 1, p. 215. 

1852 1852-3, P. 1, p. 241. 






212 INDIANA STATE PUBLICATIONS. 

Year. Doc. J. and A. R. 

1853 1853, Doc. No. — . 

1854 1854-5, P - r ' P- 547 

1855 1855, P. 1, p. 249. 

1856 1850-7, P. i, p. 379. 

1857 1S57, P. 1, p. 285. 

1858 Omitted. 

1859 1859, P. 2, p. 1S5. 

i860, 1 860-1, P. 2, p. 193. 

1861 1861, p. 357. 

1862 1862-3, P. 1, p. 445. 

1863 1863, p. 269. 

1864 1864-5, P. 2, p. 1. 

1865 , 1865-6, p. 135. 

Soldiers' and Sailors' Monument. — A "State Soldiers' 
and Sailors' Monument" was provided for by act March 
3, 1887 (1887, p. 301), which created a Board of Commis- 
sioners to superintend the work. The act required the com- 
missioners to report quarterly to the Governor, and the 
secretary to make annual reports to the Governor, to be by 
him transmitted to the Legislature. The following reports 
have been printed and separately bound : 

1 Bien June 28,1887,10 Dec. 31, 1888 ....1 vol 

H 

Soldiers' and Sailors Orphan Asylum. — This institution, 
generally known and commonly designated in the reports 
as the " Soldiers' Orphans' Home," was established as the 
" Indiana Soldiers' and Seamen's Home " by act March 
11, 1867 (1867, p. 190), which required the Board of Trus- 
tees to file a report annually on February 1 in office of 
Secretary of State. By act May 14, 1869 (Spl. Sess. 
1869, P- IX 9)> t ^ ie trustees were required to report to Gen- 
eral Assembly on October 31. 

By the act March 15, 1879 ( I ^79? P- 76), one board of 
trustees was created for this institution and that for Feeble 
Minded Children (see this title). After that time the re- 



INDIANA STATE PUBLICATIONS. 213 

ports of the two were combined, until act February 15, 
18S7 '(1887, p. 16), by which the institution was reorgan- 
ized as a separate institution under the name of the " Indi- 
ana Soldiers' and Sailors' Orphan Asylum," and the 
Board of Trustees was required to make annual reports on 
October 31. The act required the reports to be filed in 
the office of the Secretary of State and to be printed. 

The following are contained in the Documentary Jour- 
nals and Annual Reports : 

No. Year. Doc. J. and A. R. 

March 30, 1869 (Supp. Rep.) 1868-9, Doc. No.—. 

4 ... 1870 1870-1, P. 2, No. — . 

5 ... 1871 1871, Doc. No. 11. 

6 ... 1872 1872-3, Doc. No. —. " 

(7) 1873 1873, D °c No. 15. 

(8) 1874 1874-5, P. 2, Doc. No. 9. 

(9) 1875 1875, Doc. No. 15. 

9 (10) 1876 1S76-7, P. 2, Doc. No. 10. 

(n) 1877 1877, Doc - No. 12. 

11 (12) 1878 *. 1878-9, P. 2, Doc. No. 9. 

9 (21) 1887 1887, Doc. No. — . 

State Debt Sinking Fund. — By act June 18, 1852 (1 R. S. 
1852, p. 408), provision was made for a " State Debt 
Sinking Fund," and the Auditor, Treasurer and Agent of 
State were constituted a " State Debt Sinking Fund Com- 
mission," and required to make annual reports to the Gen- 
eral Assembly at each session. It seems that the matters 
relating to this fund are included in the separate reports 
of the various officers composing the commission, there 
being only one report of the commission in the Document- 
ary Journals and Annual Reports. This is dated January 
7, 1865, and is found in Documentary Journal 1864-5, -P- 
I, p. 709. 

By act December 21, 1865 (Spl. Sess. 1865, p. 48), the 
State Debt Sinking Fund and the Sinking Fund proper 
were consolidated under the former name and put in 



- •■"- — -• — • 



214 INDIANA STATE PUBLICATIONS. 

charge of the Auditor, Treasurer and Agent of State, sub- 
ject to examination by legislative committees or bj r the 
Governor or any person appointed by him for that pur- 
pose, reports of examinations made by persons appointed 
by the Governor to be made to him and by him submitted 
to the Legislature, if in session, if not, to the next ses- 
sion. 

Former acts authorizing assessment and collection of 
State Debt Sinking Fund taxes were repealed by act Feb- 
ruary 22, 1871 (1871, p. 6), and by act December 13, 1872 
(Spl. Sess. 1872, p. 27), the fund was discontinued as a 
separate fund and merged in the general fund, and the 
commission abolished after February 1, 1873. 

State House Commissioners. — Old State House. — Pro- 
vision for the commencement of a State House at Indian- 
apolis was made by act February 10, 183 1 (Spl. Acts 1831, 
p. 153). By act February 2, 1832 (1832, p. 96), commis- 
sioners were appointed to superintend the erection of it, 
w T ho were to report annually to the Legislature. The 
building was so far completed as to be occupied in winter 
of 1835. 

Such of the reports of the commissioners as were printed 
are contained in the House and Senate Journals. 

New State House. — By act March 14, 1877 (1877, P- 
68), provision was made for construction of another State 
House, and a "Board of State House Commissioners'' 
was created, which was required to report quarterly to the 
Governor. The public printing act of 1885 required the 
reports to be published annually. 

The State House having been completed the board was 
abolished by act March 9, 1889 (1889, p. 284). 

A full history of the proceedings of the board from the 
date of its organization is contained in the report of De- 
cember 31, 1878, and in the final report. 



iSS;. 



46 Final report containing synopsis of proceedings from com- 
mencement. May 24, 1S77, to completion of building. Octo- 
ber 2, iSSS. 



INDIANA STATE PUBLICATIONS. 2 IS 

Besides the regular reports the- board also published a 
pamphlet, containing the proceedings, addresses, etc., en- 
ti led -'Proceedings of the Laying of the Corner Stone of 
the New Capitol of Indiana, on the 28th day of Septem- 
ber, 1880, at the City of Indianapolis," 36 pp. Indianapo- 
lis, 1S80. ' J 

Some of the quarterly reports were not printed. The 
(allowing is a complete list of such as woe printed, all of 
ihera being in pamphlet form. Only those indicated below 
are contained in the Documentary Journals and Annua) 
Reports : 

No. Period. Doc. J. and A. R. 

1 Quarter ending Oct. 1, 1S77. 

3 " " March 31, 1S7S. 

4 " - June 30, JS78. 

5 " " Sept. 30, 1S7S. 

6 From date of organization to 

December 31, 1S78. 187S-9, P. 1, Doc. No. 8. 

7 Quarter ending March 31, 1S79. 

8 " " June 30, 1S79. 

9 " " Sept. 30, 1S79. 

(10) Year ending Dec. 31, 1879. I 879> P- 2, Doc. No. 5. 

11 Quarter ending March 31, 1SS0. 
14 From January 1, 1S79, to De- 
cember 31, 1SS0. 1880, P. 1, Doc. No. 12. 
The following are for years ending Dec. 31 : 
iS iSSi. 

22 l8S2. 

26 1SS3. 

30 1884. 

34 1SS5. 

3 5 1SS6. 



2i6 INDIANA STATE PUBLICATIONS. 

Statistics Bureau.- — This was established by act March 
29, 1879 (1S79, p. 193), creating a department to be known 
as the * 'Indiana Bureau of Statistics and Geology," re- 
quiring the chief of the department to make annual reports 
to the Governor. By act March 5, 1883 (18S3, p. 104), it 
was made a separate department under name of "Indiana - 
Bureau of Statistics." Biennial Reports were required by 
the public printing act of 1885, and also by act March 9, 
18S9 (1889, p. 335), requiring reports to be made to the 
Legislature. 

Financial reports are contained in the Documentary 
Journals and Annual Reports. 

Year. Doc. J. and A. R. 

1S79..... ^79, P. 2, Doc. No. 6. 

18S0..,. 1SS0, P. 1, Doc. No. 9. 

The regular reports are not included in the Document- 
ary Journals and Annual Reports. They are for the fol- . 
lowing years : 



No. 


Year. 


No. 


Year. 


1 


1879 


5 


18S3 


2 


18S0 


6 


1884 


3 


1SS1 


7 (1 Bien.) 


1SS5-6 


4 


I8S2 


3 (2 " ) 


1SS7-S 



Date, Doc. J. and A. R. 

Dec. 18, 1874 1S74-5, P. 1, Doc. No. 5. 

Dec. 20, 1876 1S76-7, P. i, Doc. No. 10. 



Szvamf Land Records, Clerk of. — By joint resolution 
March 6, 1865 (Reg. Sess. 1S65, p. 133), the Governor 
was authorized to appoint a suitable person to revise and 1 

correct the tract and sale books of the swamp lands. No 
reports were required, but the following are contained in 
the Documentary Journals and Annual Reports : 



INDIANA St A TE PUBLIC A TTONS. 2 1 7 

Three Per Cent. .Fund, Agent of. — See Internal Im- 
provement. The office was abolished and duties trans- 
("erred to Treasurer of State by act January 26, 1835 (1S35, 
p. 75). B} r act May 20, 1852 (1 R. S. 1852, p. 304), it was 
provided that the Treasurer of State should draw the 
Three Per Cent. Fund thereafter due and that he and the 
Auditor of State should include a statement thereof in 
their Annual Reports. What remained of the fund was 
ordered to be distributed to the counties by act April 8, 
1881 (1881, p. 700). The reports are contained in the 
House and Senate Journals. 

Treasurer of State.— The office of Treasurer of State 
was created by Constitution of 1816 (art. 4, sec. 24), and 
continued by Constitution of 1851 (art. 6, sec. 1). His du- 
ties were defined by act December 11, 1816 (1817, p. 143), 
which required him to report annually to the General As- 
sembly during the first week of session. The act Jan- 
uary 25, 1841 (184.1, p. 124), required annual reports to 
the Governor by November 1. The act May 20, 1852 (1 
R. S. 1852, p. 497), required biennial reports to the Gen- 
eral Assembly, but the law was again changed so as to 
require annual reports to Governor on October 31, by act 
February 3, 1853 (1853, p. 120). 

The reports prior to 1835 are contained in House and 
Senate Journals. The following are contained in the Doc- 
umentary Journals and Annual Reports. They are not 
numbered : 

Year. Doc. J. and A, K. 

1835 1835-6, Doc. No. — . 

1S36 1836-7, Doc. No. — . 

1S37 , 1837-8, Doc. No. — . 

1838 1838-9. P- h p. 35- 

1839 1S39-40, P. 2, p. 45. 

1840 1840--1, P. 1, p. 69. 

1841 1841-2, P. 2, p. 49. 



21.8 INDIANA STATE PUBLICATIONS. 

Tear. Doc; J. and A, R. 

1842 . 1842-3, P. 2, p. 3. 

SS43 ..•••••••• i843-4i p - *> P- "• 

1844 1S44-5, P. 1, p. 57- 

1845 1845-6, P. 1, p. 65. 

1846 1S46-7, P. 1, p. 57. 

1847 - • ^47-8, P. 1, p. 1. 

184S.. 184S-9. P. 1, n. 97. 

1849 • 1849-50, P. 1, p. 5. 

1S50 1S50-1, P. 1, p. 135. 

1851 1851-2, P. i, p. 33. 

1852 1S52-3, P. i, p. 1. 

1853 • • ...Omitted. 

1854..... .1854-5, p - h P- 3 2 9- 

1S55 ■ • rS 55, P. i, p. 441. 

1S56 1856-7, P. 1, p. 101. 

1857 .•••• • 1857, P. i, p. 101. 

1858 Omitted. 

1859 " 

i860 , 1860-1, P. 1, p. 193. 

1861-2 1S62-3, P. 2, v. 1, p. 169. 

1863 , 1S63, p. 465. 

1864 1S64-5, P. I, p. 849. 

1865 1S65--6, p. 99. 

1866 . 1S66-7, Doc. No. 4. 

1867 ....1867-8, Doc. No. 1. 

1S6S .1868-9, Doc. No. 2. 

1869...., , 1869, Doc. No. — . 

1870 1S70-1, P. i, Doc. No. — 

1871 1S71, Doc. No. 1. 

1S72 t8 / 2-3, Doc. No. — . 

1S73 187 3, Doc. No. 3. 

iSy« 1874-5. p - 1. Doc - No - 8 - 

l$75 1 S 7 q . Doc. No. 3. 

1876 1.876-7, .P. 1, Doc. No. 7. 

1877 .....1S-7, Doc. No. 3. 

187S 1878-9, P. 1, Doc. No. 7. 

1S79 1879, P. 2, Doc. No. 3. 

1880 1SS0, P. 1, Doc. No. 3. 

18S1.., 1SS1, Doc. No. 3. 



INDIANA STATE PUBLICATIONS. 



219 



Vf.ar. Doc. j. and A. R. 

1SS2 . 1SS2, Doc. No. 3. 

1SS3 1883, Doc. No. 3. 

18S4 1884, Doc. No. 5. 

1885 1885, Doc. No. 2. 

rSSo" !.... 1SS6, Doc. No. 19. 

7887 1887, Doc. No. 1. 

iSSS iSSS, P. 1, Doc. No. 6. 

University, Indiana. — This institution was first incor- 
porated as the "State Seminary," by act January 20, 1820 
(1820, p. 82), and trustees were appointed to locale it at 
Bloomington, and report to next session. The act Jan- 
uary 26. 18?'/ (1827, p. 99), created a Board of Visitors 
and required them to make annual reports to General As- 
sembly, The Seminary was superseded by the "Indiana 
College," established hy act January 24, 1828 (1828, p. 
115), "which created a Board of Trustees and Visitors, and 
required the treasurer to report annually to the Governor, 
to be by him submitted to the General Assembly, a state- 
ment of the receipts and expenditures. The act to estab- 
lish "Indiana University," passed February 15, 1838 
(Local L., 1838, p. 294), required treasurer to report an- 
nually to Governor a statement of receipts and expendi- 
tures, to be by him laid before the General Assembly. By 
act January 15, 1848 (1848, p. 47), the trustees were required 
to make annual reports to General Assembly. By act 
June 17, 1852 (1 R. S. 1852, p. 504), a "University Fund" 
was created, and the institution was "formally recognized 
as the University of the State," under the name of the 
"Indiana University," and a Board of Trustees was 
created, which was required to. make annual reports to 
General Assembly, and also a Board of Visitors, which 
was required to report annually to the Governor. 

Various laws have been enacted providing funds and 
making appropriations for the support of the University, 



i 
020 INDIA NA ST A TE PUBLIC A TIOXS. 

and a permanent endowment fund was provided by act 
March 3, 1883 (1883, p. 82). 

By the public printing act of 1885, the reports are to be 
published biennially, the catalogues annually. The reports 
prior to 1835 are contained in the House and Senate Jour- 
nals. The following" are contained in the Documentary 
Journals and Annual Reports : j 

Year. Doc. J. and A. R. 

1848 1848-9, P. 2, p. 274. 

1849 1849 -50, P. 2, p. 133. 

1850 Omitted. 

1851 1S51-2, P. 1, p. 271. 

" (Supplemental) „ " " p. 337. 

185 2 " 1S52-3. P. 1, p. 309. 

1853 Omitted. 

1S54- ■ » " 

" (Supplemental) 1854,-5, P. 2, p. 777, 

185^ Omitted. 

1S56 " 

" (Supplemental) 1S56-7, P. 2, p. 345. 

1857-1872 Omitted. 

1S73-4 (Financial) 1874-5, P. 2, Doc. No. 2. 

1875 lS 75< Ooc. No. 6. 

1876 (Financial) 1S76-7, P. 2, Doc. No. 2. 

1877 (Financial) 1S77, Doc. No. 6. 

187S 1S7S-9. P. 2, Doc. No. 2. 

1879-S0 (Financial) ... 1SS0, P. [, Doc. No. 13. 

i83i " 1881, Doc. No. 5. 

1882 " 18S2, Djc. No. 4. 

1SS3 JSS3, Doc. No. 5. 

1804 lS S4, Doc. No. 7. 

1885 Omitted. 

1SS6 (Financial) 18S6, Doc. No. 6. 

18S7-8 " ....1SS8, P. 1, Doc. No. ic. 

Vien n a Exposition Com m is si on er . ~— Pu rsuant to act 
March 4, 1873 (1873, p. 223), E. T. Cox, Slate Geologist, 
was appointed by Governor Hendricks a Commissioner to 
represent Indiana at the Vienna Exposition. His report 




. ...-,., 



INDIANA STATE PUBLICATIONS. 221 

* contained in Indiana Geological Report for year 1873, 
c. See also Doc. J. 1874-5, P. 1, Doc. No. 11. 

Wabash and Brie Canal. — See Internal Improvement. 
An act for construction of "Wabash and Miami Canal," 
: v<ed January 5, 1828 (1828, p. 10), accepting the grant 

Hand for that purpose made by act of Congress March 2, 
fSiy. It created a board of commissioners, which was re- 
quired to report annually to the General Assembly. In 
subsequent acts the commissioners are sometimes referred 
So simply as the "Canal Commissioners, " and they so 
designate themselves in some of their reports. By subse- 
quent acts January 23, 1829 (1829, p. 13), January 28, 
|8jo (1830, p. 13), the name was changed to " Wabash 
and Erie Canal," and additional provisions made for its 
construction. By act Januarys, 1832 (1832, p. 3), the 
fend provided was called the " Canal Fund," and a board 
of '■ Commissioners of the Canal Fund" was created, a 
separate and distinct board from the board of " Canal 
Commissioners," and required to report annually to the 
General Assembly. By the act January 31, 1833 (1833, p. 
4% the duties of the Board of Canal Commissioners were 
further defined. 

By the Internal Improvement act the construction of the 
canal was transferred to the Board of Internal Improve- 
ment, and when that board was abolished by the act of 
^42, the canal was put in charge of commissioners. Af- 
terwards, by the Butler bill, January 19, 1846 (1846, p. 3), 
the canal was transferred to a Board of Trustees, which 
was required to report annually to the General Assem- 
bly. 

The reports in reference to the canal prior to 1835 are 
by the various commissioners, superintendents, etc., and 
ar e contained in the House and Senate Journals. From 
^36 to 1842, the reports in reference to it are included in 



! 



. - ■•■ 



iw4£pmge 



222 



INDIANA STATE PUBLICATIONS. 



the reports of the Board of Internal Improvement con. 
tained in the Documentary Journals. The reports of the 
Board of Trustees begin with the one for 1847, and are 
contained in the Documentary Journals and Annual Re- 
ports, 



Year. Doc. J. and A. R. 

1835 , 1S35-6, Doc. No. — . 

" Supplemental " Doc. No. — . 

1843 (Div. east of La Fayette) l ^3~A, P. 2, p. 19. 

" ( " west " ) " " p. 35. 

1844 ( " west " ) 1844-5. P. 2, p.. 13. 

( " east " ) " « p. 69. 

1845 1845-6, P. 2, p. in. 

1846.. 1846-7, P. 1, p. 134. 

1847 1S47-8, P- 2, p. 191. 

" Superintendent " " p. 329. 

1848 1848-9, P. 2, p. 113. 

1849 1849-50, P. 2, p. 251. 

1850 1S50-1, P. 2, p. 137. 

1851 1851-2, P. 1, p. 223. 

1S52 1852-3, P. 2, p. 325. 

1853 J 853, Doc. No. — . 

1854 • ^854-5, p - 2, p. 905- 

1855 1S55, P. 2, p. 105. 

1856 1856-7, P. 2, p. 273. 

1857 1857, P. 2, p. 169. 

1858 1858-9, P. 1, p. 277. 

1859 1859, P. 1, p. 289. 

i860 1S60-1, P. 1, p. 267. 

1861 1S61, p. 375. 

1862 .1S62-3, P. i, p. 453. 

1863 1863, p. 473. 

1864 ...1864-5, P. 2, p. 181. 

1S65-6 Omitted. 

1867-S 1867-8, Doc. No. 9. 

1869-70 1870-1, P. 2, Doc. No. — . 

1871 1871, Doc. No. 12. 

1872 Omitted* 

1S73 1873, Doc - No l6 - 

1874 (Styled 28th Annual) 1874-5, P. 2, Doc, No. 14. 

* See Report of Ways and Means Committee, 1872-3, Doc. No. — . 



f! B B P|yyw T» » ■.,-,.-„-.--. 



INDIANA STATE PUBLICATIONS. 



223 



The report for 1874 contains a statement of the total re- 
ceipts and disbursements from July 1, 1847, to December 
!. 1874, 

Wabash River. — See Internal Improvement Board. By 
let January 22, 1822 (1822, p. 46), commissioners were 
appointed to investigate relative to improvement of the 
Wabash river at the grand rapids and report to the Gov- 
ernor and he to General Assembly. By act January 31, 
1824 (Spl. Acts 1824, p. 82), a portion of the Three Per 
Cent. *Fund was set apart for improving the navigation of 
the river and a commissioner appointed and required to 
report annually to the General Assembly. By act Febru- 
ary 2, 1832 (1832, p. 275), the fund was directed to be 
paid over to the Wabash and Erie Canal Fund Commis- 
sioners. 

A further act for the improvement of the navigation of 
the river was passed February 1, 1834 (1834, P* 34^) > an< ^ 
the commissioners required to report annually. Subse- 
quently the Board of Internal Improvement took charge 
of the matter. The following reports, made under the act 
last cited, are in the Documentary Journals : 

Year. Doc. J. and A. R. 

1835 1835-6, Doc. No. — . 

1836 Omitted. 

1837.,. 1837-8, Doc. No. — 

War Offices. — During the rebellion period a number of 
offices, mostly of a military character, were created by the 
General Assembly, or by Governor Morton, all of which 
ceased during, or soon after the close of the rebellion. 
They are here grouped together under the above title. 
The following is a list of such reports of them as are con- 
tained in the Documentary Journals and Annual Re- 
ports : 



T^«v»W.T=~ ->-•"" ' 



. „ '•"■•VIWI^ 



224 



INDIANA STATE PUBLICATIONS. 



Agent of State to Purchase Arms. — 

August 1, 1862 (Robert Dale Owen) 1862-3, P. 2, v. 2, p. 909. 

Allotment Commissioner. — 

December 7, 1S63 1864-5, P. 2, p. 607. 

Arsenal, State. — 

(No date) 1862-3, P. 2, v. 2, p. 901. 

May 3, 1S61, to December 31, 1S62 ..." P. 2, v. 3, p. 1339. 

Draft Commissioner. — 

December 26, 1862 1862-3, P. 2, v. 1, p. 697. 

Finance Bureau. — 

May 1, 1864 1864-5, P. 1, p. 1. 

Gettysburg Soldiers' National Cemetery. — 

1863-4 1864-5, p - 2 > P- 57 1 - 

Hospital Surgeons. — 

January 6, 1863 1862-3, P. 2, v. 2, p. 9S5. 

Legion, Indiana. — See act May 11, 1861. (Spl. Sess. 
1861, p. 52.) 

Report of Officers 1862-3, P. 2, v. 1, pp. 729, 777. 

Reports of operations in 1863-4 1864-5, p « 2 » P- 3^9- 

Military Agents. — 

December, 1864 1864-5, p - 2 » P- 289- 

Military Auditing Committee. — See acts May 31, 1861 
(Spl. Sess. 1861, p. 3) ; March 6, 1865 (Reg. Sess. 1865, 
p. 37), sec. 61. 
1861-2-3-4. 1864-5, p - 2 > P- 2 5- 

Ordnance Officer. — 

December 15, 1864 ..1864-5, P. 2, p. 507. 

Pay Agents. — 

December 31, 1862 1862-3, P. 2, v. 2, p. 1013. 



I 



^Wf " ' 



INDIANA STATE PUBLICATIONS. 22$ 

Paymaster, State.— See acts June I, 1861 (Spl. Sess. 
1861, p. 73) ; March 11, 1867 (1867, P- 3)> sec - 2 3- ' 

December 31, 1862 1862-3, P. 2, v. 2, p. 1025. 

December 23, 1S64 1864-5, *\ 2 > P« 5 J 5' 

Sanitary Commission. — ■- 

January 2, 1S65 1864-5, **• 2 > P* ^9- 

Special Agents to Visit Troops, etc. — 

1863-4. 1862-3, P. 2, v. 2, p. 1041. 

List of Reports Now Required to be Printed. — 
The following is a list of the reports required to be printed 
by the public printing act of April 13, 1885 O885, p. 2I 5)» 
and subsequent acts, showing how often reports are to be 
printed and how many copies of each and the law govern- 
ing the same: 

Office. When Pub. No. Cop. Law. 

Adjutant-General Annual and Bien... 600 1885, p. 215. 

Agricultural Board " ... 5,000 " " 

Attorney-General Biennial 2,000 " " 

Auditor State Annual 2,200 " " 

Blind Institute " 2,000 " " 

Charities, Board.. " 1889, p. 51. 

Deaf and Dumb Institute Annual 2,000 1885, p. 215. 

Equalization Board " 2,000 " " 

Feeble-Minded Youth " 2,000 1889, p. 129. 

Geology, etc., Department " 8,000 " p. 44* 

Governor (Reprieves, etc.) Biennial 1,000 1885, p. 215. 

Health Board Annual 3,000 " " 

Horticultural Society Biennial 500 " " 

Insane Hospital Annual 2,000 " " 

Librarian, State ...Biennial 400 " " 

Mine Inspector Annual 8,000 1889, p. 44. 

Normal School, Reports Biennial 2,000 1885, p. 215. 

" Catalogues Annual 5,000 " " 

Oil Inspector " 8,000 1889, p. 44. 

Prison, North " 2,000 1885^.215. 

South " „ 2,000 " 



• - - - ! - ' ■■ 



226 INDIANA STATE PUBLICATIONS. 

Office. When Pub. No. Cop. Law. 

Public Instruction, Supt Biennial 10,000 18S5, p. 215. 

Purdue University, Reports " 2,000.... 

" " Catalogues ..Annual 5,000.... 

Reform School for Boys " 2,000.... 

" " Girls " 2,000.... 

Secretary of State Biennial 2,100.... 

Soldiers' and Sailors' Orphans' 

Home Annual 2,000 1887, p. 16. 

Statistics, Bureau Biennial 5,000 1889, p. 335. 

Treasurer, State Annual 2,000 1885, p. 215. 

University, Indiana, Reports Biennial 2,000 " " 

" " Catalogues... Annual 5,000 " " 

No special provision is made for printing the reports of 
the following officers and institutions : 
Commissary General. 
Custodian of Public Buildings. 
Fisheries Commissioner. 
Insane Hospitals, Additional. 
Kankakee River Commissioner. 
Live Stock Sanitary Commissioner. 
Quarter-Master General. 
Soldiers' and Sailors' Monument Commissioners. 

Supreme Court Reports. — The number of Judges by 
the Constitution of 1816 was limited to three ; by the Con- 
stitution of 185 1 to not less than three nor more than five. 
The court was composed of three Judges until 1853, when 
by the R. S. 1852 the number was increased to four, and 
this number was in 1872 increased to five. 

The Chief Justice is designated by the Judges them- 
selves, and it is generally so arranged by them that each 
of the Judges is in turn Chief Justice during a portion of 
his term, which is six years under the present Constitu- 
tion. 

. The act April 14, 1881 (1881, p. 92), authorized the 
Judges to appoint &vz commissioners, who were to hold 



(psy*?* 



«rrr:. ttttt ff^jw^-.-. - 



INDIANA STATE PUBLICATION'S. 227 

their office two years and aid the Supreme Judges in clear- 
ing the docket. By act March 3, 1883 (1883., p. 77), the 
term of the commissioners was continued for two years 
longer, but was not afterwards extended. Their opinions 
are contained in the reports of the opinions of the Supreme 
Court. 

The first reports were those by Isaac Blackford, one of 
the Judges, in eight volumes, the first of which was pub- 
lished in 1830, and contained the decisions of the Supreme 
Court from May term, 1817, to May term, 1826, inclusive. 
The last volume contains the decisions from May term, 
1846, to May term, 1847, inclusive. A second edition has 
been published with annotations by Edwin A. Davis, the 
first volume containing several opinions omitted from the 
reports of Judge Blackford. Blackford's reports have 
always maintained a high standing and are said by Chan- 
cellor Kent to be " replete with extensive and accurate 
law learning." (2 Kent, p. 176, note b.) 

Blackford's reports are followed by the " Indiana" re- 
ports, the first volume containing the cases from May 
term, 1847, to November term, 1849, inclusive. This vol- 
ume was published in 1852, and was the first published 
under the Constitution of 1851. The "Indiana" reports 
now number 120 volumes. 

Under the Constitution of 1816 no provision was made 
for publishing the reports, and those of Judge Blackford 
were published as a private enterprise, aided, however, 
by subscriptions on behalf of the State. The Constitution 
of 185 1 provided for publication of the reports by the 
State, and the R. S. 1852 (vol. 1, p. 431), authorized the 
election by the people of a Reporter of the Supreme 
Court whose term is four years. 

Blackford's reports are cited by the name of the re- 
porter ; the subsequent reports as " Indiana " reports. 

There is a volume entitled " Smith's Indiana Reports," 



! 



228 



INDIANA STATE PUBLICATIONS. 



containing reports of the decisions from May term, 1848, 
to close of November term, 1849; This was not a publi- 
cation authorized by the State. The decisions, with a 
few exceptions, are contained in the regular reports. 

The following is a complete list of the regular reports, 
with the names of the reporters : 



Vols. 

Blackford. 1817 to 1847 8 

Indiana Reports by — 



Carter 1847-185 1 

Porter 1851-1S56 

Tanner- 1856-1860 

Harrison 1860-1861 

Kerr 1862-1864 

Harrison 1864-1868 

Black 1868-1876 

Martin 1 876-1 880 

Dice 1880-1884 

Kern 1884-1888 

Griffiths 18S8- 



3- 

8- 



1- 2 
7 

H 
x 5~ l 7 
18- 22 
23- 29 
30- 53 
54- 70 
71- 99 
100-116 
117-120 



Ind. 



. 2 

• 5 

• 7 

• 3 
■ 5 

• 7 
.24 

.17 
.29 

■17 

• 4 



Miscellaneous. — Many publications have been author- 
ized by the General Assembly, or by one or the other 
of its branches, which are not included in any of the clas- 
sifications here made. It would now be impossible to 
accurately enumerate them except by a careful examina- 
tion of the House and Senate Journals and the printing 
acts. Many of them were in pamphlet form, and, no 
copies having been preserved in the House or Senate 
Journals, or in the Documentary Journals and Annual Re- 
ports, they have entirely disappeared. Others were bound 
in substantial form, and have been preserved. Some of 
them are included in the following list : 

Bank Frauds, — There is a volume entitled on the back 
"Bank Frauds, '* and on the title-page, "Journal of the 
Bank Investigating Committee, a Select Committee of the 



P^ : ^s f ^^)jy?» W !W^.wi'«--Tr. ■ .- - 



INDIANA STATE PUBLICATIONS. 229 

Indiana Senate, 1857," containing the journal and report 
v ( the committee, appointed January 17, 1857 (Sen. J. 
1857, p. 120). The reports of the committee were never 
submitted directly to the General Assembly, which ad- 
journed before the final adjournment of the committee on 
[une 30, 1857, but were printed and distributed pursuant 
to the resolution of the Senate, adopted March 6, 1857 
(Sen. J. 1857, p. 707-710). The reports are not in- 
cluded in either the Senate or Documentary Journal for 
1857. 1 vol. 

Re-port of Committee of the House of Representatives on 
the management and affairs of the Indiana Hospital for 
the Insane. (Submitted at 55th Sess., 1887.) 1 vol. 

Proceedings of the Special Senate Committee on the con- 
dition and conduct of the Benevolent Institutions of the 
State. (Submitted at 55th Sess., 1887.) 1 vol. 

Notice to Bidders proposing to bid for purchase of In- 
diana School Fund Refunding Bonds ; containing infor- 
mation as to laws, etc. 1 vol. 

Refort of Joint Committee on investigation of the affairs 
of the Indiana Hospital for the Insane, at Indianapolis. 
(Submitted at 56th Sess., 1889.) 1 vol. 

A Manual of the Election Law of Indiana. — (Prepared 
by J. P. Dunn, Jr., State Librarian, pursuant to Senate 
resolution of March 11, 1889.) 1 vol. 



=-:-•-.- ~" '""" ' q ^ m ^\ 



?30 



INDIANA STATE PUBLICATIONS. 



SUGGESTIONS AS TO STATE PUBLICATIONS. 



! 



First. Many of the laws, House, Senate, and Docu- 
mentary Journals are not in the State Library, nor in any 
of the State offices, and are extremely rare and should be 
reprinted. 

Second. A complete catalogue should be made of all 
the publications authorized by the State since its organi- 
zation. 

Third. A general index should he made to all the re- 
ports and other documents contained in the House, Sen- 
ate, and Documentary Journals. 

Fourth. Provision should be made for curtailing in 
future the official reports and requiring them to be con- 
densed within reasonable limits. Many of them hereto- 
fore published are filled with a lot of stuff of no interest or 
profit whatever to the State or to the general public. 

Fifth. A provision should be made similar to that in 
the Laws of 1853, p. 20, for the annual deposit by the 
Public Printer in the State Library of a number, say 200 
or more, of sets labeled " Indiana Public Documents," 
each set to consist of as many volumes as may be re- 
quired, substantially bound, containing all the State pub- 
lications of the preceding year, with general tables of 
contents. This would preserve in permanent form all 
such State publications as have heretofore been printed in 
pamphlet, and would not prevent the binding in separate 
volumes of such reports as it might be deemed advan- 
tageous to so bind and distribute. 



i 






"p^ ; p»*rw^ ! ^ w ' r ~ : ""~ ■"" ■■ 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 
Volume ii. Number 6. 



THE RANK 



CHARLES OSBORN 



ANTI-SLAVERY PIONEER. 



BY 



GEORGE W. JULIAN. 



INDIANAPOLIS : 

THE BOWEN-MERRILL COMPANY. 

1891. 



as 



y0gvinmn ij ■ w^wyt *■ i *. . i .1 ■ 



CHARLES OSBORN. 



In just so far as the interests of humanity transcend 
those of country and race the philanthropists and reform- 
ers who devoted their lives and fortunes to the overthrow 
of American slavery are more worthy of honor than the 
patriots who toiled for national independence and the lib- 
erty of white men. It is therefore gratifying to notice the 
steadily growing disposition in all directions to do fitting 
honor to the pioneers and heroes of the anti-slavery strug- 
gle in the United States. Oliver Johnson's book, entitled 
" Garrison and the Anti-Slavery Movement," has ap- 
peared in a second edition, and is charmingly written by 
an intimate friend and fellow-laborer in the cause, who 
naturally displays his unbounded admiration for its great 
moral leader. A far more voluminous life of Mr. Garri- 
son has since been given to the public by his children, 
which is also an admirable history of the great movement 
of which he was so long the recognized head. Elizur 
Wright, himself an able, faithful and time-honored pio- 
neer, prepared and published a few years ago an interest- 
ing sketch of Myron Holley, one of the earliest leaders 
and champions of organized political action against slav- 
ery, and a man of singular rectitude, ability, courage and 
eloquence. Hon. E. B. Washburn e is the author of a 
well-deserved life of Edward Coles, the anti-slavery gov- 
ernor of Illinois, who successfully resisted the establish- 
ment of slavery in that state, in the years 1823-24, by a 
scheme of organized border ruffianism akin to that which 

(233) 






234 THE RANK OF 

in later years came so near making Kansas a slave state. 
General William Birney has just honored himself by pub- 
lishing a life of his father, James G. Birney, the distin- 
guished leader of the Liberty party and its candidate for 
president in 1840 and 1844. There is yet wanting an ade- 
quate life of Benjamin Lundy, whose perfect disinterest* 1 
edness, self-denying zeal and absolute devotion to human- 1 
ity entitle him to the highest place on the calendar of j 
anti-slavery pioneers. Still other lives are yet to be writ- 1 
ten, and although a trustworthy history of the anti- slavery 3 
movement can not be expected till we are further from the 1 
strifes and passions with which it was unavoidably con- J 
nected, } r et it is not too soon to insist upon justice and fair 
play in dealing with its real founders and apostles. 

Our accepted histories and manuals agree in according 
to William Lloyd Garrison the honor of first proclaiming, 
on this side of the Atlantic, the doctrine of *' immediate 
and unconditional emancipation." They also agree in 
awarding to Benjamin Lundy the credit of publishing the 
first anti-slavery newspaper of this century, and of being 1 
the pioneer abolitionist of the United States. These state- | 
ments are now received without question, and supported 
by Johnson's "Life of Garrison," Greeley's ''History of 
the American Conflict," Wilson's " History of the Rise 
and Fall of the Slave Power," Von Hoist's " Constitutional 
and Political History of the United States," and various 
other authorities. It is the chief purpose of this paper to 
controvert these alleged facts, and to show that Charles 
Osborn, an eminent minister in the Society of Friends, 
proclaimed the doctrine of immediate and unconditional 
emancipation when William Lloyd Garrison was only nine 
years old, and nearly a dozen years before that doctrine 
was announced by Elizabeth Heyrick, in England ; and that 
Mr. Osborn also edited and published one of the first anti- 
slavery newspapers in the United States, and is thus en- 






! 



CHARLES OSBORN. 235 

titled to take rank as the real pioneer of American aboli- 
tionism. These statements may appear surprising, but, if 
true, they should be so recognized. If the current of his- 
tory has been diverted into a false channel, it should be 
turned into the true one. The story of the great conflict 
should be made thoroughly accurate and trustworthy. 
When a great victory has been won, every general should 
have his due^share in the honor of its achievement, and, 
if the heroism of any brave man has been slighted, and the 
fact can be shown by newly discovered evidence, the rec- 
ord of the battle should be made to conform to the truth. 
It can scarcely be necessary to say that I have no desire 
whatever to do the slightest injustice to Garrison and 
Lundy. Their exalted place as heroes in the grand army 
of human progress is irreversibly established ; and Garri- 
son and Lundy themselves, if living, would be the last to 
deny to a fellow-laborer in the great cause the share of 
honor he had fairly earned in its service. 

Before proceeding with my task, let me briefly sketch 
the principal facts of the life of Charles Osborn. It ap- 
pears, from the published journal of his travels, that he 
was born in North Carolina, on the 21st of August, 1775. 
In his nineteenth year he removed to Tennessee, where 
he made his first appearance in the ministry about the 
year 1806. He soon took rank as a preacher of consider- 
able gifts, and traveled and preached extensively in North 
Carolina and Tennessee, taking an active part in the anti- 
slavery societies of these States. He removed to Mount 
Pleasant, Ohio, in 18 16, where he published a religious 
and reformatory newspaper, and continued his work in 
the ministry. In 18 19 he settled in Indiana. He took 
an active and leading part, as an orthodox Friend, in the 
movement against Elias Hicks and his followers, and after 
this made a religious visit to Great Britain and a part of 
the continent. He sat at the head of the yearly meetings 



236 THE RANK OF 

of this country for about the third of a century, and the 
like honor was accorded him, though unsought, by Friends 
on the other side of the Atlantic during his sojourn among 
them. From his earliest years he was known as a thor- 
ough-going abolitionist, and an abstainer from the use of 
slave-grown produce ; and, in his later life, he became in- 
volved in a controversy with his society on the slavery 
question, which resulted in his separation from it in testi- 
mony of his unflinching devotion to the slave. 

Respecting Mr. Osborn's connection with the doctrine 
of immediate and unconditional emancipation, I submit the 
following facts : 

1. In the month of December, 18 14, he took the lead in 
organizing the " Tennessee Manumission Society." It 
was formed at the house of Elihu Swain, his father-in-law, a; 
and its object was the immediate and unconditional man- I 
umission of the slaves. "Rachel Swain, now known as 
Rachel Davis, a daughter of Elihu Swain, still survives, 
and resides in Wayne county, Indiana, and she says she 
was present at the organization of the society, and knows 
the facts I have stated. I have personally known her many 
years, and know her to be an entirely trustworthy witness. 
It is true she is now very old, and the facts to which she 
bears witness happened a long time ago ; but while the 
memory of old people touching recent events is very un- 
trustworthy it is vivid as to those of childhood and early 
life. Moreover, her statements are corroborated by per- 
sons still living, whose names I shall presently mention, 
and who form a connecting link between that early period 
and the present. From them I learn the character of the 
first manumission societies of Tennessee and North Caro- 
lina. Their mission was not political but moral. Slavery 
had not then found its way into politics. Their appeal was 
to the individual. Like the Garrisonian abolitionists of a 
later day they taught the sinfulness of slavery and the duty 



gf ^yyw i ty i .fv p 'wv' p ."" ■ •*■.- - - - ■ 



"3 



CHARLES OSBORN. 237 

of immediate repentance. Let me add that in 1852, when 
.Mrs. Davis was only fifty years old, she united with the 
Society of Anti-Slavery Friends, of which she was then a 
member in witness of the facts she now affirms. 

2. My second witness is Rev. John Rankin, a native 
of Tennessee, where he resided till the year 1817. He 
then removed to Kentucky, and afterwards to Ohio, where 
he died a few years ago, at the age of ninety-odd years. 
Few men are more widely known to the anti-slavery pub- 
lic. He founded the Western Tract Society, at Cincin- 
nati, for the purpose of supplying the country with anti- 
slaver} 7 information. He was one of the first lecturers sent 
out by the American Anti-Slavery Society, of which he 
was also one of the founders. As preacher, writer and 
lecturer, he was most honorably known. He was an un- 
compromising abolitionist from his youth up, and he 
preached his doctrines boldly from the pulpit at a very 
early day, both in the South and in the North. He says 
the manumission society referred to proclaimed the 
doctrine of immediate emancipation, and that after his re- 
moval to Kentucky he proclaimed it to large congregations. 
In 1824, after his removal to Ohio, he published a series 
of letters setting forth the sinfulness of slave-holding, and 
avowing the same principle. These letters were published 
in book form in 1825, and were printed in the Liberator. 
That Mr. Garrison was well pleased with the book is 
shown by the following inscription on the fly-leaf of a 
volume of his own writings, which he presented to Mr. 
Rankin : 

"Rev. John Rankin, with the profound regards and 
loving veneration of his anti-slavery disciple and humble 
co-worker in the cause of emancipation, William Lloyd 
Garrison." 

To this evidence of Mr. Rankin I now add that of his 
brother, Dr. A. T. Rankin, who has recentlv made the 



238 THE RANK OF 

public statement that John Rankin preached immediate 
and unconditional emancipation as early as the year 1817. 
His letters to me on the subject, with those of his brother, 
are before me. It should be remembered, also, that ac- 
cording to the first volumne of Henry Wilson's " History 
of slavery," £>age 178, at a meeting of the American Anti- 
Slavery Society in New York, years ago, John Rankin 
made the same statement respecting his early and public 
espousal of immediate emancipation. 

But I do not rest the case here, and shall show the trust- 
worthiness of Mr. Rankin's recollection by his letters 
already referred to, written in the year 1824, and pub- 
lished in book form the year following. As an arraign- 
ment of slavery this book is as terrible as it is just. He 
shows it to be a curse to both master and slave, a horrid 
conspiracy against marriage and the family, an outrage 
upon the inborn rights of man, a blight and a blast upon 
every community in which it exists, a loathsome mockery 
of the very principle of free government, and a palpable 
violation of the express law of God. The writer of such 
a book who religiously believed what he wrote, as did 
John Rankin, could never have tolerated the thought of 
postponing the duty of emancipation for a day or an hour. 
But putting aside the general character of the book, I 
propose to remove all doubt or cavil by particular extracts 
from, its pages I quote from page 34 of the third edition, 
printed at Newburyport, Massachusetts : 

"And here I must remark upon one main objection to 
the emancipation of the slaves : it is that they are, in con- 
sequence of the want of information, incapacitated for 
freedom, and that it is necessary to detain them in bond- 
age until they may be better prepared for liberation. But 
from the preceding remarks it is abundantly evident that 
they are now better prepared with respect to information 
for emancipation than they will be at any future period, 



t^g^^M^,,. „ .»„.. ■ ■ 



CHARLES OSBOEN. 2 39 

ami that less inconvenience and danger would attend their 
liberation at present than at any future time. It must be 
obvious to every one capable of discernment that the in- 
convenience and danger of emancipation will increase in 
proportion as slaves become more numerous. Indeed, all 
the difficulties that attend emancipation are rapidly in- 
creasing, and they must certainly be endured at some 
period, sooner or later ; for it is most absurd to imagine 
that such an immense body of people, most rapidly in- 
creasing, can always be detained in bondage, and, there- 
fore, it is much better to endure those difficulties now than 
it will be when they shall have grown to the most enor- 
mous size." 
I quote also the following on page 116: 
"We are commanded to do justly and love mercy, and 
this we ought to do without delay, and leave the conse- 
quences attending it to the control of Him who gave the 
command. We ought also to remember that no excuse for 
disobedience will avail anything when He shall call us to 
judgment." 

If this does not clearly inculcate the duty of immediate 
emancipation, words have no meaning or were made to 
deceive. The reasonableness and credibility of Mr. Ran- 
kin's statement are made evident by some kindred facts, 
and I refer to them for the purpose of still further showing 
how completely mistaken are those who assume that no- 
body in this country announced the doctrine in question 
prior to Mr. Garrison, in 1829. In 1824 Rev. James Dun- 
can proclaimed it in his book entitled "A Treatise on 
Slavery." In December, 1825, Lundy published in the 
Genius of Universal Emancipation, Elizabeth Hey rick's 
famous pamphlet, " Immediate, not Gradual Emancipa- 
tion." In the same issue of the paper I find a vigorous 
article, in which the principle is clearly asserted and 
argued. The name of the writer does not appear, because 



240 



THE BANK OF 



the article seems to be one of a series, and I have not been 
able to find the preceding and following issues of the paper. 
I quote the; following passage : 

" The slave has a right to his liberty — a right which it 
is a crime to withhold — let the consequences to the planters 
be what they may. . * * * The cause of emancipation 
calls for something more decisive, more efficient, than 
words. It calls upon the real friends of the poor, degraded 
African to bind themselves by a solemn engagement, an 
irreversible vow, to participate no longer in the crime of 
keeping him in bondage." 

The same doctrine is declared, with still greater precis- 
ion and emphasis, in an article published in the Genius for 
August 5, 1826. It bears evidence of having been written 
by a Presbyterian minister. After insisting that slavery 
is a crime, he says : 

" What has God told you about crime, or sin? To de- 
sist from it, or persevere? To desist. When? Now ! Now ! 1 
Yes, mortal, He never gave man or angel a moment to 
consider — a minute to wait for the alteration of affairs, or 
for more favorable circumstances. If we are required to 
do right, we are required to do it immediately." 

The subject of immediate emancipation is likewise dis- 
cussed in the Genius for October, 1822, by BenjaminLundy 
himself, in reply to a writer who has inveighed against the 
terrible consequences which would result from it, thus show- 
ing that the idea was then in the minds of men. Mr. Gar- 
rison, in all probability, read the articles to which I have 
referred at the time of their appearance, as he had read 
Rankin's book ; but whether he did or not I have made it 
certain that he was not first in announcing the principle of 
immediate emancipation in this country. 

3. In the year 1841 Mr. Osborn, as I shall hereafter have 
occasion to show, gave offense to his society by his earnest 
and uncompromising espousal of the doctrine in question ; 



■RJSPHIP^. V'^'ww**"**' *r* J - i 



CHARLES OSBORN. 



241 



and the well-known Levi Coffin, in his published volume 
of* Reminiscences," on page 231, referring to that period, 
.says that Mr. Osborn " preached no new doctrine, had 
experienced no change, but followed the same course and 
advocated the same anti-slavery doctrine he had for forty 
years." He further says, on page 265, that he publicly 
advocated immediate and unconditional emancipation in 
Ohio in 1816. Mr. Coffin knew him in his youth, and gave 
these testimonies from his personal knowledge. As a 
philanthropist Mr. Coffin is very widely known and worthily 
remembered. His devotion to humanity was a passion, 
while in the matter of integrity he was as guileless as a 
little child. It will not do to say that his old age weakens 
the value of his testimony ; for although he was an old man 
when he wrote his " Reminiscences," he had given the 
same evidence, as I shall show, in the year 1843, when in 
the prime of life, and only removed some twenty-odd years 
from the time when Mr. Osborn's manumission society in 
Tennessee was formed. He is a competent and credible 
witness, and his evidence must be accepted as true or suc- 
cessfully impeached. 

4. In a printed document published in 1843, reviewing 
certain proceedings of the Indiana yearly meeting in deal- 
ing with Mr. Osborn, the following statement is made : 
" It is well known that the sentiments of Charles Osborn 
in relation to this subject (slavery) are the same now they 
were more than twenty-five years ago." This is signed 
by Daniel Puckett, Walter Edgerton, H. H. Way, Jacob 
Graves, John Shugart, and Levi Coffin — all perfectly re- 
liable men, and three of them, namely, Puckett, Way and 
Coffin, were intimately acquainted with Mr. Osborn and 
his anti-slavery position during the period covering his life 
and labors in Tennessee and North Carolina. I personally 
know all these to have been perfectly trustworthy witnesses 
and intelligent men. They were leaders in the religious 



Ps^wenwrrr ■ . 



242 THE RANK OF 

society to which they belonged, and none of them were 
then beyond the meridian of life. 

5. After the death of Mr. Osborn a memorial of his life 
was drawn up and adopted by the Society of Anti-Slavery 
Friends, to which he belonged, in March, 1852. That 
memorial refers to his leadership in the formation of manu- - i 
mission societies in 1814, and declares that, " in endeavor- .1 
ing to lay the foundation principle of these societies, he, at 
that early day, advocated and maintained the only true and 
Christian ground — immediate and unconditional emanci- 
pation." After this memorial was drawn it was submitted 
to the monthly meeting, and, according to the practice in 
all such cases, was scrutinized before its approval. -It then 
had to be sent to the quarterly meeting, composed of the 
members of the different monthly meetings, and again ex- 
amined and passed. It was then forwarded to the meeting 
for sufferings, composed of representatives from each of the 
quarterly meetings, composing the yearly meeting, and a 
certain number to represent the latter. This body of men 
again examined and approved it, after which it was read 
in the yearly meeting before the members of the society, 
en masse, who approved and adorjted it. In these several 
meetings were such men as Levi Coffin, William Beard, 
Henry H. Way, Enoch Macy, Jonathan Swain, Thomas 
Frazier, Daniel Puckett, Isaiah Osborn, William Hough, 
Walter Edgerton, Benjamin Stanton, John Shugart, Jacob 
Graves, and various others, many of whom were personally 
and intimately acquainted with Charles Osborn and his 
labors in the manumission cause in Tennessee and North 
Carolina. They were men of the highest character for in- 
tegrity, and could not have been induced to sit by and 
approve statements about which they were well informed 
if they were false. In my earlier life I knew all these men, 
and I entertain not the shadow of a doubt as to the perfect 
accuracy of their statements. 



HPPy^Bp y ^Wjl ^ p ^^ -^- • 



CHARLES OSJBORX. 243 

6. The manumission movement in Tennessee awakened 
uneasiness among the slave-holders, some of whom 
thought it would be good policy to attach themselves to it 
as members. In a moment of weakness, and on consid- 
erations of expediency, the constitution of the society was 
so changed as to permit this ; and this led to a further 
compromise, by which the name of the society was 
changed to that of " Manumission and Colonization So- 
ciety." Mr. Osborn was present when these changes 
were proposed and adopted, and gave them his decided 
opposition. In the language of the Quakers of a later 
day, he believed "the full enjoyment of liberty to be the 
right of all, without any conditions," and could not " con- 
sent, upon any conditions, that the bondage of a fellow- 
being shall be prolonged for a single day," nor " say to 
him he must go to Hayti, to Liberia, or any other place, 
to entitle him to the full enjoyment of liberty." The facts 
respecting these changes in the policy of the manumission , { 
movement and Mr. Osborn's opposition are given on the 
authority of his early friends and anti-slavery associates, 
already referred to, and are more particularly set forth in 
Edgerton's " History of the Separation in IncTiaha Yearly * 
Meeting of Friends," published in 1856, and in Mr. Os- 
born's "Journal of His Travels and Labors in the Minis-' 

try," published in 1854. 

7. In enumerating these proofs I ought to make more 
special and emphatic mention of Mr. Osborn's hostility to 
African colonization. He avowed this in his youth, and 
never afterward faltered. The fact is as honorable to him 
as it is remarkable that, while, the leading abolitionists of 
England and the United States were caught in this snare, 
he was never for a moment deluded by any of its plausi- 
bilities. His moral vision detected its character from the 
beginning. "Emancipation," he declared, "was thrown 
into the cradle of colonization, there to be rocked and 



>wr<j«PTr?r*" 



244 THE RANK OF 

kept quiet until the last slave-holder should become 
willing to send his human chattels to the colony." 
Benjamin Lundy and other anti-slavery men discussed 
it as a scheme of gradual emancipation, and as such Mr. 
Osborn always understood it. He opposed it because it 
postponed the freedom of the slaves and placed conditions 
in its way. This subtle scheme of imposture and inhuman- 
ity became a national organization in the beginning of the 
year 1817, and became at once the great stalking-horse of 
slavery. It darkened the air, palsied the public con- 
science, and balked all efforts looking to immediate eman- 
cipation. It draped over the abomination of slavery, and 
debauched the judgment of the country. Like Aaron's 
rod, it swallowed up all else. It was the grand 
stumbling-block of philanthropy, and the colossal false- 
hood of the generation. There was but one thing for a 
thoroughly earnest anti-slavery man to do, and that was to 
fight it. This Mr. Osborn did, single-handed. He girded 
himself for battle against the most formidable and insidi- 
ous foe of freedom that had ever stood in its path. He 
was a doer of the word from his youth, and I have a right 
to define his position by the unambiguous testimony of his 
life. 

It is not pretended, of course, that Mr. Osborn ex- 
pected that the slave-holders would immediately emanci- 
pate their slaves. Without the intervention of a miracle 
this was impossible. The work of emancipation could 
only go forward under the inevitable conditions by which 
it was complicated. It had to become ah educational 
process before it could be realized in fact. This was Mr. 
Garrison's idea, for he had no thought of emancipation by 
force. What Mr. Osborn preached to the slave-holder 
was the doctrine of immediate repentance, and that he had 
no right to put off that repentance to a more convenient 
season. That was his well-known position in 1830, when 



^^^fy^ja»^,.tw » A . m , ~~—- 



CHARLES OSBORN. . 245 

the anti-slavery agitation began seriously to disturb the 
peace of the country ; and the Indiana yearly meeting, 
which could not endure this doctrine in 1842, never dis- 
puted the fact that he had at all times avowed it. If it be 
said that it was well known that the honor of first proclaim- 
ing this doctrine in this country was ascribed to Mr. Gar- 
rison by his friends, and that Mr. Osborn would have con- 
tested this claim if he had felt himself entitled to make it, 
I reply that he was a traveling minister among Friends, 
engrossed in his peculiar work, and may have known 
nothing of the matter. It is quite as reasonable to suppose 
him ignorant of the claim made by the friends of Mr. Gar- 
rison as to suppose the latter ignorant of Mr. Osborn's 
well-known record as an immediate emancipationist. In 
justice to him it should also be said that he was too mod- 
est to blow his own trumpet, and too much absorbed in his 
work to concern himself about its honors ; and that if this 
had been otherwise he had no motive to enter into any 
strife over the question. The champions of immediate 
emancipation, when it first began to stir the country, and 
during the life of Mr. Osborn, were obliged to make them- 
selves of no reputation. They were cast, out of all the 
synagogues of respectability, and little dreamed of the 
honors with which they were finally crowned. Mr. Os- 
born, therefore, could have had no selfish inducement to 
contest the claim of Mr. Garrison, while either of them 
would doubtless have been glad to know that the other 
had avowed this sound and saving principle. 

Before leaving this branch of my subject, I must notice 
the surprising effort of Oliver Johnson to dispose of the 
evidence I have submitted. He asserts that if the doctrine 
in question had been proclaimed at the time mentioned 
" it would not have failed to arrest public attention, and 
throw a broad light over the whole country." When it 
was announced by Garrison, he says, " it was like a re- 



fw*F&m 



246 THE RANK OF 

volving light on a headland, casting its rays afar over the 
raging sea." He says " the whole land was startled into 
attention ; the slave-holders were alarmed, and thenceforth 
had no peace," and that ? it is morally certain that it 
would have been so in Tennessee if that light had been 
kindled there." My reply is that I am debating a ques- 
tion of fact, and, having conclusively shown that Mr. Os- 
born did proclaim this doctrine in 1814, the question about 
the consequences which Mr. Johnson says would have fol- 
lowed concerns him quite as much as me. But I will meet 
his argument directly, and expose its complete fallacy. 
This fallacy is found in the unwarranted assumption that 
public opinion in the South was as intolerant and inflam- 
mable in 1814 as it became in 1830 and the following years. 
This is notoriously not the fact, and it is marvelous that 
one so familiar with anti-slavery history as Mr. Johnson 
did not remember it. John Rankin is my authority for the 
statement that while he was a young man a majority of 
the people of east Tennessee were abolitionists, and I have 
already quoted his testimony that he afterwards preached 
immediate emancipation to large congregations in Ken- 
tucky. His brother, in a recent letter to me, confirms this 
testimony, and says that he frequently supplied a book- 
seller in Maysville, Kentucky, with copies of John Rank- 
in's radical book already referred to, and that the State 
Abolition Society favored immediate emancipation. I have 
already quoted from articles in Lundy's Genius for 1825 
and 1826 in favor of immediate emancipation, and I think 
no mob followed their publication. In 1826 the American 
convention for the abolition of slavery was held in Balti- 
more, representing 81 societies, 71 of which were in the 
slave States. 1 In 1827 there were 130 abolition societies 
in the United States, of which 106 were in the slave-hold- 



1 Wilson's Rise and Fall of the Slave Power, page 170. 



r 



CHARLES OSBORN. 247 

ing States, and only 4 in New England and New York. 
Of these societies, 8 were in Virginia, 11 in Maryland, 2 
in Delaware, 2 in the District of Columbia, 8 in Kentucky, 
25 in Tennessee, and 50 in North Carolina. 1 These so- 
cieties were no doubt largely the result of the labors ol 
such men as Charles Osborn and Benjamin Lundy. Anti- 
slavery feeling was widely diffused, and although it was 
not very intense, and the subject of slavery was discussed 
without passion, the people seemed to be honestly in search 
of some method of escape from its evils. These historic 
facts show why it was that from 18 14 to 1830 the proclama- 
tion of immediate emancipation failed to startle the coun- 
try. It was the Southampton Insurrection of Nat. Turner, 
in Virginia, in 183 1, and indications of insurrections in 
other States the same year, which fired the Southern heart, 
swept these societies out of existence, and inaugurated 
" the reign of terror " in the South which lasted till its 
overthrow by the power of war. Then it was that the bat- 
tle-cry of immediate emancipation became the trumpet of 
alarm, and signalized the advent of the irrepressible con- 
flict. In Mr. Garrison the word became flesh, for the 
nation was entering upon a new dispensation, and the 
hour and the man had met. Samuel Adams preached in- 
dependence many years before it electrified the colonies. 
He was the real father of the revolution ; but he was 
obliged to bide his time till the multiplying exactions of 
the mother country finally prepared the people for the con- 
flict, and to write on their banners that " Taxation without 
representation is tyranny." No man is strong enough to 
wrestle with the logic of events. 

I come now to the proof of my statement that Mr. Osborn 
edited and published the first anti-slavery newspaper in 
the United States, and is thus further entitled to the honor 

1 Poole's Anti- Slavery Opinions before 1800, page 72. 



248 THE RANK OF 

of being counted the pioneer of latter-day abolitionism. 
My task will not be difficult, and it will supply some cor- 
roborative proof of his anti-slavery position. We have 
seen that he removed to Mount Pleasant, Ohio, in 1816. 
In that year he issued his prospectus for a weekly news- 
paper to be called the Philanthropist, and published at that 
place; and on the twenty-ninth of August, 181 7, the first 
number was issued. Its publication was continued till the 
eighth of October, 1818. The tone of the paper was ear- 
nestly moral and religious. He devoted its columns con- 
siderably to the interests of temperance and peace, but the 
burden and travail of his heart was slavery. I speak by 
authority, having the bound volumes of the paper before 
me. It was just such a paper as Elijah P. Lovejoy was 
murdered for publishing in Illinois twenty years later. 
Benjamin Lundy, then residing at St. Clairsville, was one 
of its agents, as the paper shows. The subject of slavery 
is discussed from eighty to ninety times, making an aver- 
age of nearly twice in each weekly number. It was in 
the beginning of this year that the American Colonization 
Society was organized, with its headquarters at Washing- 
ton, and the several anti-slavery societies then existing in 
this region of Ohio were all in favor of colonization as a 
scheme of gradual emancipation, as were those throughout 
the country generally ; but Mr. Osborn disagreed with 
them. He opposed the scheme in repeated editorials, but 
allowed both sides of the question to be heard. Various 
articles were admitted favoring the policy of gradual 
emancipation, but not a line was written by himself in its 
approval. The limits of this article will not permit nu- 
merous or lengthy quotations from the paper, but I offer a 
few as specimens of its general character, beginning with 
the editorials. On page 44 of the first volume is the fol- 
lowing on colonization : 

" Without in anywise wishing to forestall public opinion, 



yp f myjtiV tjyymtyr •** "*■ • ■-- ■ » ■ ■ ». - -■••- 



CHARLES OSBORN. 



249 



or give a bias against the intentions of the American Col- 
onization Society, the editor has great doubts of the justice 
of the plans proposed. It appears to him calculated to 
rivet closer the chains that already gall the sons of Africa, 
and to insure to the miserable objects of American cruelty 
a perpetuity of bondage. The free persons of color in the 
city of Philadelphia have protested against being sent back 
to a soil which separation and habit have combined to ren- 
der disagreeable to them. The communication which fol- 
lows is inserted because the author's intention is believed 
to be good, and because every investigation of the subject 
will tend to open the eyes of the public to the situation of 
this people. Those who have traveled through the South- 
ern States, and observed the ignorance and vice with which 
slavery has enveloped the children of Africa, can hardly 
be persuaded that they are now fit instruments for propa- 
gating the Gospel. " 

On page 37 is the following : 

"A correspondent says the coast of Africa has been 
robbed of its natives, who have with their sweat and blood 
manured and fertilized the soil of America. If their de- 
scendants are now (by way of reparation) to be forced 
back to that country, whose customs and whose soil are 
equally repugnant to them — query, are the thieves or the 
restorers most justifiable? " 

In the second volume, on page 69, is a strong editorial 
on the slave trade and slavery. After referring to the ac- 
tion of England and Spain in dealing with this subject, it 
concludes : 

" But much remains to be done. The system of slavery 
is acknowledged on all hands to be an evil of the greatest 
magnitude ; and it will require a degree of energy com- 
mensurate with the effects it has upon society to counteract 
its baleful influence, and now is the time for the advocates 
of freedom to exert themselves to overthrow that colossal 



- 



250 



THE RANK OF 



fabric of despotism. Let the enlightened philanthropist.- 
of either hemisphere continue to carry on the benevolent 
work until they have finally accomplished the same, and re- 
ceive the just reward of their labors, the grateful acknowl- 
edgements of millions of their fellow-mortals, whom they 
behold emerging from the gloomy caverns of despair and 
assuming the rank among the sons and daughters of men 
to which they are entitled by the laws of nature. In the 
language of one of the greatest orators of the present day, 
they will then have the satisfaction to know that through 
their instrumentality a large portion of their fellow-crea- 
tures are, politically speaking, ' redeemed, regenerated, 
and disenthralled by the Genius of Universal Emancipa- 
tion.' " 

It will occur to the reader as altogether probable that 
the name of Lundy's paper, which was started several 
years afterward, was suggested to him by this editorial. 
I quote the following from the editorial columns on page 

I54: 

"A planter in the upper part of Georgia went down to 

Charleston to purchase slaves. A cargo had just been 
landed. They were set up at auction, declared to be 
sound in wind and limb, and were struck off to the highest 
bidder. This planter purchased his complement, and the 
driver conducted them off. On the way to Augusta one 
of the women accidentally saw the man who had been her 
husband in Africa. The dissevered pair immediately rec- 
ognized each other, and their feelings, at this unexpected 
meeting may be conceived by those who are acquainted 
with conjugal affection. The owner of the husband was 
moved at the scene, and proposed either to sell or buy, 
that the poor creatures might live together on the same 
plantation ; but the other, hard-hearted man, would do 
neither. They, of course, were soon parted ; the woman 
was conducted up the country, and soon after died of 
grief." 



P^^TWy^' 



r^^^^m^mf'^rr'r^^—'' ■■■--■ 



CHARLES OSBORN. 251 

This is one of sundry articles on the same subject de- 
picting acts of cruelty similar to those with which every 
rr -ider of Uncle Tom's Cabin is familiar. In the same 
volume, on page 181, is an able and thorough article on 
colonization, from which I make brief extracts : 

•' On entering into this investigation we should bear in 
mind that we have long been called upon (and the present 
moment calls loudly) to cease to violate the laws of God 
md nature in holding our fellowmenin a state of bondage. 
it is the slaves who are suffering the most consummate 
misery, and it is the melioration of their condition which 
demands our first attention. Whatever laudable schemes 
may be formed for promoting civilization on the continent 
of Africa, or whatever benevolent designs may be enter- 
tained for the benefit of the free people of color on this side 
of the Atlantic, or whether these enterprises are directed 
by a sound or a visionary philosophy, it is not my present 
purpose to inquire. The great object still is to devise some 
system by which slavery may ultimately be terminated. 
If African colonization is not directed to this object, or 
capable of effecting it, we are still left to find some other 
expedient." 

The article then proceeds to show, by facts and figures, 
the utter impracticability of the colonization scheme, and 
concludes : 

" It is true that the plan might produce one very striking 
effect — it might amuse our minds with the mistaken idea 
of doing something valuable, until that Almighty Being, 
who observes the conduct of nations and of individuals 
may in his wisdom and justice deprive us of the opportun- 
ity of being the instruments in so laudable a reformation 
by taking the great work into his own hands. And here 
my mind is forcibly struck with the sentiment of one of 
our greatest men : ' When I reflect that God is just, and 
that his justice can not sleep forever, I tremble for the fate 
of my country.' " 



— 



. . T . , -< -. - " 



252 THE RANK OF 

These samples will indicate the decided anti-slaver 
character of the paper, while its communications and se- j 
lected matter will make this equally evident. The first 
issue contains three selections, one of which, being very 
brief, I quote : 

" ' I am astonished,' said an intelligent Turk, 'that the* 
Americans should send a fleet to compel the surrender of 
slaves in our possession, when, in their own country, they 
keep thousands of Africans in bondage. They had better 
clean their hands before they lift them toward heaven.' " 

On page 18 is an earnest letter on slavery from Anthony 
Benezett. On page 32 is an address from a member of the 
North Carolina Manumission Society, of the most radically 
anti-slavery type. On page 35 is an obituary notice of 
Paul Cuffe, a successful colored merchant and a man of 
signal benevolence and enterprise among his race. On 
page 37 is a strong article, probably written by Benjamin 
Lundy, over the signature of Philo Justicia, and a capital 
letter from Joseph Doddridge, from which I quote the fol- 
lowing : 

44 Can we charge the most sore-handed despotisms in ex- 
istence with anything worse than the personal slavery of 
the African race in our country? No ! Even in the pirat- 
ical states of the Barbary coast, if the Christian slave turns 
Musselman, he is free. Amongst us, if the slave becomes 
a Christian brother, he, nevertheless, still remains a slave/' 

Passing several brief articles, we find on page 76 the 
beginning of a lengthy one, by an intelligent colored man 
named William Biackmore, who discusses the question 
with considerable ability. In the course of it, in referring 
to the enemies of his race and their tribulations in the dy- 
ing hour, he frames for them the following prayer: 

"Almighty and incomprehensible Being ! Thou know- 
est a part of Thy creation, the negroes and molattoes, 
have long been objects of our contempt ; and we have 



CHARLES OSBORN 



2 53 



fttfk until this day been occasionally tormented with a 
li 'ht of their black faces. We have seen many of them 
m the slave states stripped of every comfort of life, desti- 
tute of friends, and knowing not where to flee for succor 
and safety, and in this deplorable condition we passed by 
and left them, supposing their complicated sufferings v j 

would soon push them out of existence ; but Thou didst 
put it into the hearts of Thy Samaritans to bring these 
wretched outcasts into this great inn which we inhabit, 
and to administer to their necessities. With the assistance 
of our ally, Prejudice, we thought before this to have con- 
vinced the world that they were made of more base ma- 
terial than we white people ; but Thy great Apostle Paul 
declared that Thou hast ' made of one blood all nations 
of men.' We have long insisted that their color was a 
sufficient proof that they are of a distinct race greatly in- 
ferior to us ; but Thou hast permitted Blumenbach, Smith 
and others to write so wisely upon the subject that many 
of the white people themselves now begin to think that 
climate, state of society, manner of living, etc., have pro- 
duced the external differences which are apparent between 
:hem and us. We have contended again that the negroes 
ire very deficient in point of intellect ; but Thou hast suf- 
*ered it to enter into the hearts of some of Thy believers 
o give some of them literary knowledge, and so we are j 

ikely to be overset in this our favorite hypothesis. We ~ | 

nought because we had the power it would be well enough 
o take away from them their natural, inherent and un- 
tenable rights and privileges ; but Thou hast put it into 
he hearts of certain persons in this state to think that we | 

>ught to do unto all men as we would wish them to do 
into us. 

" Now we are summoned to give up our stewardship, and 
eeing that we have not succeeded in our attempts to wrest 
Flry attributes out of Thy hands ; and fearing from Thy 



■ 



2 54 



THE RANK OF 



many gracious promises and declarations in their favor 
that some of this despised people have been admitted into 
the mansions of Thy everlasting rest ; we therefore humbh 
pray Thee that Thou will be graciously pleased to cast 
their black souls out of heaven before our spirits reach 
there ; for it has been much against our will to dwell 
amongst them the few days of this life ; and how can we 
bear the idea of being confined among them to all etern- 
ity?" 

The following is from the Chester and Delaware Feder- 
alist, quoted on page 113 : 

"All is still as the grave. We boast that ours is the land 
of freedom. Here liberty dwells ; this is the spot where 
the sacred tree flourishes, spreading its branches east and 
west, shading, protecting, the whole land. Our consti- 
tution solemnly declares that all men are born equally free. 
The enslaved and oppressed of Europe are welcomed to 
our shores as an asylum from oppression. We rub our 
hands and congratulate one another that we are the most 
free people on earth. Gracious heavens ! and is it yet true 
that more than twelve hundred thousand of our fellow- 
creatures are doomed, themselves and their posterity, to 
hopeless bondage? Where are our abolition societies? 
Are they weary in well-doing? Where are those intelli- 
gent, ardent, benevolent men who exist in every country, 
who step forward on great occasions, animate their fellow- 
men to exertion, and direct their efforts to the attainment 
of noble ends? Are the spirits of Wilberforce, Clarkson 
and Benezett extinct? Or is it true that nothing can be 
done? No — nothing can be done! Go home and repose 
on your pillows of down ; sleep away your lives in indo- 
lence and ease ; and let the expression — nothing can be 
done — satisfy your consciences. Let the husband be sep- 
arated from his wife, the mother from her little ones. Let 
the poor slave toil in hopeless misery, and bleed beneath 



........ - 



CHARLES OSBORN. 255 

the lash of his taskmaster. It will be useless to disturb 
Congress with your petitions — nothing can be done." 

On page 169 is an article by u E. B.," a Virginian, which 
ably discusses the question both in its political and moral 
aspects. I quote : 

44 It is not only absolutely right to devise some remedy 
for this evil, but it is absolutely necessary. We have shut 
our eyes and stopped our ears too long. Can we continue 
indifferent on so momentous a subject? We are called 
upon by honor, morality, and religion — by love for our 
country, ourselves, and our children. Let us not disre- 
gard these sacred obligations, but let us enter into a 
thorough investigation of the subject. Let us unite into 
select societies for the purpose of digesting a plan for the 
removal of this enormous evil, and, thus united in order 
and co-operating under the ties of virtue, honor, and love 
of our country, the difficulties attendant upon the subject 
will vanish before the wisdom of the nation. * * * It is 
impossible that one man should be the property of another. 
The master can not derive his claim of property from the 
law of nature, because by that law all men are equally 
free and independent. He can not derive it from the 
principles of civil government, for government was insti- 
tuted for the common benefit, protection, and security of 
the community, and, when properly supported, admits no 
man or set of men to the possession of exclusive privileges. 
He can not refer to contracts with individuals, nor to con- 
veyances from parents for their children, for no one will 
pretend to the existence' of such contracts, and their valid- 
ity could not be supported if they really existed. It can 
not be rested upon law, for such a law must be, technically 
speaking, unconstitutional. The constitution defines the 
object of government and the rights of individuals. These 
form barriers which legislation can never pass. It may, 
therefore, be boldly affirmed that slaves are not property. 



• 






256 THE RANK OF 

They art. injured human beings, whose sufferings call 
loudly for redress," 

Mr. Osborn was one of the very first men of this coun- 
try to oppose the use of slave-grown produce, and he con- 
tinued personally faithful to this principle during his life; | 
while the PMlanthro-pist is clearly one of the first news- ' | 
papers in the United States which espoused this duty. From 
an article copied from the Westchester Recorder, on page 8 
174, I quote the following in reference to the slave trade: j 

44 This great fountain of human blood that has been 
flowing on the continent of Africa for ages, whose streams 1 
have stained the shores of America and the West Indies, 1 
is kept in motion and supported by the consumers of the 
proceeds of slavery. They are the subscribers that fur- 1 
nish the fund by which the whole business is carried on. 
A merchant who loads his vessel in the West Indies with I 
the proceeds of slavery does nearly as much at helping 1 
forward the slave trade as he that loads his vessel in Af* I 
rica with slaves. They are both twisting the rope at dif- 
ferent ends. * * .-■'.* It is something paradoxical that a i 
man will refuse to buy a stolen sheep, or to eat a piece of 
one that is stolen, and should not have the same scruples 
respecting a stolen man." 

But I need not multiply these extracts, which I have | 
given merely as illustrations of the spirit and make-up of 
the paper. I must not fail to mention, however, a very 1 
able and eloquent oration on slavery, by Thomas H. 
Genin, delivered at Mount Pleasant, Ohio, on the 18th of | 
May, 1 8 18, which is printed in the second volume, begin- 1 
ning on page 77. Mr. .Genin came from New York to 
Ohio the year before, and was the intimate friend of Mr. J 
Osborn. He also shared the friendship of Charles Ham- 
mond, Benjamin Lundy and De Witt Clinton. He had 
considerable literary gifts, and was the correspondent oi 
Henry Clay and John Quincy Adams ; and, although the 



' "'■' 



CHARLES OS BORN. 257 

rhetoric of his oration is a little florid, he discusses the 
slavery question with great thoroughness, and evinces a 
ui prising* insight into the nature and working of the in- 
stitution. All the arguments and sophisms of the slave- 
holders with which the country has been, familiar in later 
times are taken up and disposed of in this effort of more 
than seventy } r ears ago as if he had been in the midst of 
the great conflict which so long afterward stirred the 
blood of both sections of the Union. The speech is pro- 
phetic, and deserves to be preserved as a choice relic of 
the literature of abolitionism in its pioneer days. Let me 
add, that I find scattered through the pages of the Philan- 
thropist frequent selections of anti-slavery poems from 
Cowper, Shenstone, Montgomery and others, and I en- 
tertain no doubt whatever that its anti-slavery character is 
quite as clearly defined and uncompromising in tone as 
Lundy's Gcnms of Universal Emancipation, or James G. 
Birney's Philanthropist, published in Cincinnati in later 
years. 

The priority of Mr. Osborn in the establishment of this 
paper has already been shown. He sold his establishment 
to Elisha Bates, and not to Elihu Embree, as Mr. Greely 
slates in his " Conflict' 1 ; and Lundy, not liking the anti- 
slavery character of the paper under his management, as 
he declares in his account of these matters, began the pub- 
lication, at Mount Pleasant, of the Genius of Universal 
Emancipation , in January, 182 1, being three years and a 
half after the issue of the first number' of the Philan- 
thropisi. These facts are given in "The Life of Ben- 
jamin Lundy," compiled by Thomas Earle, and pub- 
lished in 1847. We there learn, on the authority of 
Lundy, in speaking of the previous establishment of the 
Philanthropist, that " proposals were issued by Charles 
Osborn for publishing a paper at Mount Pleasant, to be 
entitled the Philanthropist. He stated in his prospectus 



- 



: 



258 THE RANK OF | 

that be should discuss the subject of shivery in the col 
limns of the paper. The idea now occurred to me that I 
might act efficiently for the cause of emancipation — that I 
could select articles (for I did not think of writing myself) 
and have them published in the Philanthropist., and that I 
could also get subscribers to the publication. Engrossed 
with, these thoughts, I went to work with alacrity. My 
leisure moments were now fully employed. When I scut I 
my selections to Charles, I sometimes wrote him a few 
lines. After he had published the Philanthropist a few 
months, I was surprised at receiving- from hirn a request 
that I should assist in editing it. The. thought that I could 
do such a thing had not then even occurred to me. But 
on his repeating the request I consented to try, and from 
that moment, whenever I have thought that something j 
ought: to be done, my maxim has been, though doubtful 
of my ability, try. Although I resided ten miles from the 
office, and was extensively engaged in other business, I 
continued for some time to write editorial articles for the 
paper. At length Charles proposed to me to join him in 
the printing business, and to take upon myself the super- 
intendency of the office. After some deliberation I con- 
sented to accept the offer." It seems, however, from the | 
narrative, that Lundy never joined Osbom in the printing J 
business, owing to circumstances which soon after drew 
him to Missouri, and that his only connection with the 
Philanthropist was that oi an agent for the paper, and the J 
writer of occasional articles over fictitious signatures. He 
had nothing to do with originating it, or superintending 1 
its management, and acted solely in the capacity of a I 
subordinate, and a diffident, but sympathetic and faithful, 
disciple ; and on his own showing the establishment of the I 
the Genius of Universal Emancipation would never have | 
been, attempted if Mr. Osborn's successor had maintained 
the anti-slavery character of the Philanthropist under its 



'•*••"• ■ 



CHARLES OSBORN. 259 

previous management, when Lundy himself was its agent 
and zealous friend. He is, therefore, himself my witness 
that the honor now so generally claimed for him of being 
the first of our anti-slavery pioneers is altogether unwar- 
ranted by facts* 

I have thus demonstrated my proposition that Charles 
Osborn was the first to proclaim the. doctrine of immediate 
and unconditional emancipation, and that he, and not 
Lundy, became the pioneer of modern abolitionism by 
editing and publishing* the first anti-slavery paper in the 
United States. On these points history has been made to 
bear false witness, and its record should be corrected. 
This correction will not pluck a single laurel from the 
saintly brow of Beniamin Lund}'. It will be his imperish- 
able honor that in his youth he surrendered a lucrative 
business and the sweet joys of home at the bidding of his 
conscience, and made himself a wanderer on the earth in 
the effort to rouse the consciences of men to the sin of 
slavery. His devotion to humanity was a divine fascin- 
ation, and he literally gave up all for the slave. He is 
also entitled to the signal honor, as Oliver Johnson says, 
of" putting the burning torch of liberty into the hands of 
the man raised up by Providence to lead the new crusade 
against the slave power"; but Mr. Osborn kindled the 
blaze which lighted this torch of his Quaker disciple. 
When Lundy afterward met Garrison in Boston, in 1828, 
Mr. Osborn was his reference; and in 1847, when Mr. 
Garrison, in Cleveland, Ohio, met a son of Mr. Osborn, 
who still survives, he said to him: "Charles Osborn is 
the father of all of us abolitionists." He w r as* in fact, the 
real germ of the grand movement that drew into its service 
so many heroes and martyrs as it advanced, and finally 
swept slavery from the land, just as the quiet lakelet at 
the head of the Mississippi is the source of the great river 
which is swelled by its tributaries till lost in the gulf. Nor 






260 THE RANK OF 

can the claim thus made weaken in any degree the historic 
position of Mr. Garrison as the moral hero of the move- 
ment. His indebtedness to Lundy he always frankly ac- 
knowledged ; and, if the doctrine of immediate and un- 
conditional emancipation was announced by others while 
lie was a school-boy, it can not be set down to his dis- 
dredit, nor does it follow, by any means, that he borrowed 
it from anyone, I believe it was the inevitable outcropping 
of his moral constitution, and came to him with the 
authority of a divine command. He did not need to take- 
it at second-hand, while his overmastering personality pop- 
ularized it, and imparted to it a meaning and power which 
quite naturally won for him the honor of its paternity. 

In justice to my subject, I must not conclude this article 
without a brief reference to the controversy already al- 
luded to, in which Mr, Osborn became involved in his 

. ... .. 1 

later life with the society in which he had so long been a 

prominent member. In dealing with this subject, I shall 
speak plainly, but in no unfriendly spirit, respecting this 
most comely and praiseworthy body of religionists. Of 
Quaker parentage and training myself, my predilections 
incline me strongly in their favor. During my protracted 
connection with anti-slavery politics in one of the strong- 
holds of these people in eastern Indiana, they were unit- 
edly and earnestly my friends, and in what I shall now 
say I am conscious of no other motive than the service of 
the truth. , 1 

The year after Mr. Osborn sold his newspaper establish- 
ment he removed to Indiana. Several considerations in- 
duced him to abandon the publication of his paper. He 
desired to go further west, where his small resources 
would enable him to procure land for his children. He 
also felt that the influence of his paper was seriously 
thwarted by the mischievous and unmanageable scheme 
oi colonization ; while he believed he could more effec- 



• 



CHARLES OSBOMN. 261 

lively serve the cause of freedom in the wider field of the 
traveling ministry, in which Woolman had labored with 
such remarkable results. In 1832, when the anti-slavery 
agitation had reached its fervent heat under the inspira- 
tion and leadership of Garrison, Mr. Osboxn gave his 
heart to the work with renewed zeal. While in England 
in that year he met Elliot Cresson, an agent of the Amen- , 
can Colonization Society, who begged him not to say any- 
thing that would hinder the raising of funds in aid oi its 
work : but Mr. Osborn replied that he would not cease to 
expose its evil designs at home and abroad, and he made 
Cresson 1 ? mission a failure. His anti-slavery zeal fully 
kept pace with the multiplying aggressions of slavery, 
and, in the winter of 1839, he visited the eastern, states, 
where he found the dominating influences among Friends 
decidedly opposed to his testimonies, and inclined to keep 
him silent, but he would not be fettered, and spoke out his I 

whole mind freely. Some of his sermons were reported 
for the anti-slavery newspapers, and these lines of Whit- 
tier, inspired by a similar circumstance, were quoted as 
fitly applying to this intrepid assertion of the right of free 
speech : 

"Thank God for the token ! one lip is still free — 
One spirit untrammeled, unbending one knee ; 
Like the oak of the mountain, deep-rooted and firm, 
Erect when the multitude bend to the storm ; 
When traitors to freedom, and honor, and God, 
Are bowed at an idol polluted with blood ; 
When the recreant North has forgotten her trust, 
And the life of her honor is low in the dust — 
Thank God that one arm from the shackles has broken ! 
Thank God that one man as a free-man has spoken ! " 

On his return to the west he found that the ruling spirits 
in the Indiana Yearly Meeting had also taken a very de- 

JO J 

Cided stand against the abolitionists. The colonization 
members of the society, by some strange and unaccount- 



262 THE RANK OF 

able means, had gained the ascendancy over its anti-slav- 
ery members, and he was greatly troubled in mind re- 
specting the situation in which he found himself placed. 
In the year 1841 the Indiana Yearly Meeting sanctioned 
a letter of advice which had been previously issued fey the <■ 
meeting for sufferings to its monthly and quarterly meet- 
ings, forbidding the use of their meeting-houses for anti- 
slavery lectures, and the joining in anti-slavery organiza- 
tions li with those who do not profess to wait for Divine 
direction in such important concerns." The meeting also 
advised against anti-slavery publications by Friends with- 
out first submitting them to " the examination of a meet- 
ing for sufferings." This advice was unauthorized by the 
discipline of the society, and directly opposed to the well- 
known practice of Friends on both. sides of the Atlantic. 1 
It showed that the power of slavery, which had taken 
captive over religious denominations throughout the coun- 
try, had at last crept into the society, and was dictating 
its action. Charles Osborn was then a member of the 
meeting for sufferings, which is a delegated body in the 
society acting under appointment, like a committee, to 
transact important business in the interim of the regular 
sessions of the Yearly Meeting ; and he and seven other 
anti-slavery members occupying the same position declined 
to obey this prohibitory advice. In doing so they justified 
themselves by the discipline and usages of the society and 
its well-known testimonies against slavery. They felt im- 
peratively bound by their consciences to take this course, 
and that to do otherwise would be to recognize the infalli- 
bility of the Yearly Meeting and its right to bind them in 
all cases whatsoever. For this action these eight mem- 
bers were summarily removed from their positions as 
"disqualified," and their places filled by those who were 
willing to become the instruments of the Yearly Meeting 
in its warfare against the abolitionists. I 



CHARLES OSBORN. 263 

What was to be done? These men had not violated the 
discipline of the society, or gone counter to any of its rcc- 
o'<-nized practices and testimonies. They were not accused 
«>f any unsoundness in doctrine ; and yet, without any for- 
mal charges of misconduct in any particular, and by an 
act of wanton usurpation, they were degraded from the 
places they had held. They begged that the reasons for 
this action might be spread upon the minutes as a matter 
of simple justice to themselves, and in order that they 
might not stand recorded as transgressors, and Mr. Os- 
born pleaded for this in a speech of much power and full 
of pathos and tenderness ; but this petition was disre- 
garded, and the perfectly unprecedented and arbitrary 
proceeding was carried out. If they submitted to this act 
of despotism they would be sharers in the apostacy of the 
society from its testimonies, and fellow-laborers with it 
against the slave. If they persisted in their disobedience 
they would, of course, be disowned for thus obeying their 
own consciences. They saw but one honorable or decent 
alternative. As lovers of the Society of Friends, and sin- 
cere believers in its doctrines and discipline, they could 
go out of the body which had cast them off for their anti- 
slavery principles and violated its discipline for that pur- 
pose, and organize a society of their own, with its ma- 
chinery of monthly, quarterly and yearly meetings , and 
free from all pro-slavery domination. This they did, 
styling themselves the Society of Anti-Slavery Friends. 
They were driven out of the old body for their abolition- 
ism, and Charles Osborn was spoken of as " gone, fallen, 
and out of the life," for no other cause. This occurred in 
184.2, at the 3^ear!y meeting which gave Henry Clay, the 
owner of fifty slaves and president of the American Col- 
onization Society, a seat among the ruling elders, and 
who, in a public speech the day before, had declared that 
u the slaves must be prepared for freedom before they can 



4 



264 TITE RANK OF 

receive that great boon," and that " the Society of Frien h 
take the right stand in relation to this subject." Histon 
was thus repeating the old story of " Pilate and Herod 
friends/' and illustrating the desire of the society, as ex- 
pressed by its meeting for sufferings in 1 841, to " retain, 
the place and influence "which it had "heretofore had 
with the rulers of our land." There was a peculiar sting 
in the saying of Mr. Osborn afterward that these Friends 
" deemed it a departure from the well-known principles of 
the society to do anything in the anti-slavery cause with- 
out a divine impulse and clear opening in the light of 
truth leading thereto ; but for their opposition to the abo- 
litionists they had no impulse, no opening, to wait for." 

It will probably be news to thousands that the Quakers 
thus succumbed to the power of slavery ; but such is the 
melancholy fact, and they have no right to "escape his- 
tory.-" Among the rank and file of the body in Indiana 
there were doubtless very many true anti-slavery men ; but 
at the time of which I speak the chief rulers believed in 
colonization and gradual emancipation. They took, special I 
pains, in dealing with legislative bodies, slave-holders and 
the public, to inform them that they had no connection, in j 
anyway, with abolitionism. They so assured Hemy Clay | 
while in Richmond. Leading members frequently reiter- j 
ated the charge that abolitionists had " put back the cause 
of emancipation" ; and some of them insisted that aiding j 
slaves on their way to Canada involved men in the crime 
of man-stealing. Many of the rulers of the denomination 
in the eastern, as well as the western, States had " their 
ears filled with cotton." " They discoursed very piously 
about the attempt of abolitionists "to abolish slavery in 
their own strength," and argued that paying men for anti- 
slavery lectures was opposed to the Quaker testimony 
against a "hireling ministry." Ministers, elders and 
overseers, took the lead in these reactionary proceedings ; 



CHARLES OSBORN. 265 

:i-\d it was one of the curiosities of human nature to find 
the followers of John Woolman and Anthony Benezett 
laboring with their brethren for attending anti-slavery 
meetings^, closing the doors of their churches against anti- 
slavery lectures, and setting up a system of espionage over 
the publication of anti-slavery articles by members of the 
society. Such men as Isaac T. Hopper, among the Hick- 
site Friends, and Arnold. BufTum, among the Orthodox, 
were disowned for their fidelity to the slave. This work of 
proscription was generally based upon some false pretense, 
as was the fact in the case of Mr. BufTum. In dealing 
with Mr. Osborn and his associates, the Indiana yearly 
meeting did its best to cover up the ugly fact that they 
were degraded on account of their anti-slavery principles. 
With great dexterity in the use of scripture, much circum- 
locution, and a cunning and tergiversation that would 
have won the heart of Talleyrand or Loyola, they played 
their game of ecclesiastical tyranny ; but the facts of the 
transaction, as now seen in the clear perspective of his- 
tory, leave them perfectly unmasked. I have carefully 
examined the documents and papers pertaining to the con- 
troversy on both sides, and speak from the record. Strange 
as it may seem, the claims of justice were so completely 
subordinated to the peace and unity of the society that 
even a deputation of English Friends, who came over as 
mediators in this trouble, utterly refused to look into the 
merits of the controversy, and insisted upon the uncon- 
ditional return of the seceding members to the body which 
had so flagrantly trampled upon their rights. Humanity 
was forgotten in the service- of a sect, and Quakerism 
itself disowned by its priesthood. 

But the anti-slavery movement took an unexpected 
turn. The annexation of Texas and the war with Mexico 
roused the country, and poured a flood of light on the 
character and designs of the slave-holding interest. The 



266 THE RANK OF 

anti-slavery agitation of 1848 and the passage of the Fugi- 
tive Slave Act of 1850 brought large reinforcements to the 
cause of freedom. The repeal of the Missouri Compro- 
mise and the struggle to make Kansas a slave State still 
further enlightened the people. The dullest scholars be- 
gan to get their lessons. Slave-holding madness so 
anointed the eyes of the people that the cloven feet of 
abolitionism disappeared , and the Quakers, like other 
religious. bodies, began to take a new view of their duties, 
" The world," on which they turned their backs in 1841 to 
avoid its iC contamination," had at last taught them more 1 
wisdom than any '■' divine impulse" had ever been able 
to impart. They became themselves abolitionists, and 
gloried in the very cause which provoked their contempt 
during the ugly apostasy they had parenthesized into the 1 
beautiful anti-slavery record of the sect. 

But did they do justice to the men they had persecuted J 
for righteousness' sake? Did they make any official ac~ I 
knowledgement of the wrong they had done, as did other I 
religious denominations in like cases? No. Individual J 
members solicited the seceders to return to the fold. They J 
said to them, "Come back to us! No questions will be I 
asked, and no conditions exacted. Make no disturbance, ] 
but come and go with us." Most of the seceders fnmVry 
returned, but some of them demanded an amendment of I 
the minutes of the society which should recognize the in- 
justice done them for their anti-slavery fidelity. This was 
denied in all such cases, and they stand on the records as I 
"disqualified" members. Charles Osborn died in 1850, 
a grieved and sorely-disappointed old man, and his grief 
w r ould not have been assuaged if he could have foreseen 
the action of the society in refusing to correct its records J 
after it had espoused the very principles for the advocacy 
of which he had been exiled from its bosom. Harshly 
and unjustly as he had been treated, he would scarcely 



mm^e- 



CHARLES OSBOBK 267 - ^ 

have believed this possible. But the society was handi- 
capped by its record. Much as it owed Mr. Osbora, mor- 
ally and spiritually, its love of consistency and the crav- 
tnness of human nature triumphed over its conscience. It 
could not do him justice -without condemning itself. It 
could not espouse his cause as a faithful minister of the 
Gospel and an anti-slavery prophet without advertising its 
recreancy to humanity and its injustice to a great-hearted 
and brave in an. 

But the friends of humanity, irrespective of sect or party, 
should join in fitly honoring him. During his life aboli- 
tionism was a despised thing. He did not live to see the 
glory which was so soon to come, nor anticipate its com- 
ing. As to his reputation, he took no thought for the 
morrow. The newspaper which proves his right to be 
ranked as the first of our anti-slavery pioneers seems only 
to have been preserved by an accident, The memory of 
other faithful pioneers has been carefully and lovingly 
guarded ; but history has slighted his record, and liberty, 
in searching for her jewels, has strangely overlooked his 
name. Touched by these facts, and believing that "no 
power can die that ever wrought for truth,' 5 I have felt 
commanded to do my part in the work of adding a new 
star to the galaxy of freedom, a new name to the roll-call 
of reformers. If I have succeeded in any degree in this 
tabor of love, I shall rejoice ; but, in any event, I shall 
share the satisfaction which attends a sincere endeavor to 
serve the truth. 






INDIANA HISTORICAL SOCIETY PUBLICATIONS. 

VOLUME II. NUMBER 7. 






FHE MAN IN HISTORY 

AN ORATION 

FOR THE COLUMBIAN YEAR 






BY 

JOHN CLARK RIDPATH 



Delivered under the Auspices of the Indiana Historical Society 
at Indianapolis, Indiana, October 20, 1892. 
■r 



INDIAN ArOLTS : 

THE BOWEN-MERRILL COMPANY. 

1893. 



Uf 



IIONO.RABLE WILLIAM H. ENGLISH, 
President of the Indiana Historical Society. 



: 



(270) 



THE MAN IN HISTORY 



J m dies and Gentlemen: 

Man and History ! What are the ideas which these two 
transcendent words bring 1 before the mind of the inquirer? 
In what manner-— by what evolution of thought and im- 
agery — -may we justly estimate the great facts for which 
they stand, and determine their relations and dependencies 
in the drama of the world? 

I am not unaware that for the problems here vaguely 
suggested some of the greatest minds of the ages have 
essayed an answer. The thinkers of the Old World and 
the New, in ancient times and in modern times, have 
sought with varying degrees of approximation to reach a 
just concept of the thing called History and of the place 
which Man has in it. In the luminous thought of the great 
Greeks the problem of the event and the man — of the 
maker and the thing made — hung like a haunting shadow. 
Already by that most intellectual of all the peoples of the 
earth history was studied both in its facts and its philoso- 
phy ; but the bottom questions of the inquiry remained 
nebulous and unresolved. Then came ages of eclipse and 
oarkness. There were vast reaches of intervening barba- 
rism, flecked with dim patches of light at Alexandria, at 
Cordova, at Florence, at Rome, and anon at Paris and the 
Bridge of the Cam. In modern times the mind of man has 
recurred as best it may to this grandest of all the de- 
partments of human inquiry, and has wrestled with the 

(271) 



• 



72 



THE MAN 



chaos which the warring races of mankind have piled up 
along the far horizons oi the world. 

The dawn of the new era of human thought — the com- 
ing of the time when the intellectual sphere should lie 
sufficiently widened to consider rationally the history oi 
our race and the philosophical place of man therein— -has 
been long postponed. It has remained for our own age to 
solve many of the riddles transmitted from the ancient 
world. The mind has begun to rise at last to higher con- 
cepts and grander visions of the vast landscape, and to 
note the metes and bounds of man-life on. the earth. With- 
out doubt, the landscape has not yet been wholly cleared | 
of fog and shadow. It is only the beginning of the cosmos 
that is to be. It is the day-breaking' of a great intellectual 1 
epoch the like of which was not even conceived in the 1 
dreams and hopes of the ages past. We have come 10 the 
morning. Of the nineteenth century it shall be said here- 
after, "At the evening it was light." The nebulce in the 
ethereal spaces, long floating, dim, cloud-farmed, swan- 
like in the depths around us, divide themselves into shin- 5 
ing worlds, and new systems of order and beauty rise on 
the right hand and the left. 

These systems of order, which indeed the mind of man | 
has not created, but has only gov.e forth to discover, ore 
not so much material as they are intellectual and spiritual, j 
This age is to be known hereafter for the discovery of new j 
worlds hitherto unfound or only vaguely conjectured— -new- 
worlds not of matter, but of thought and truth. In the I 
visible heavens Mars and Jove are no longer the Mars and 
Jove of the old mythology, no longer the far-off planets 
of Kepler and Herschel and Leverrier, but the revealed 
worlds of Ilolden and Pickering and Schiaparelli. They J 
have rolled out of the cloudland with their satellites, their 
continents and shores, with their lakes and canals and vital 
atmosphere. Shall we not also say with their living men? 



IN HISTORY, 273 

In like manner in the sky of thought the revelation of 
things hitherto unknown has come, as if by glorious dis- 
covery. There the vast system of Evolution, explanatory 
of the method of creation and all progress, has been found, 
with its beautiful concomitants of law and order, with its 
sublime principles of life-history and its inspiring promises 
of the tilings to come. There also has been found the 
planet of Human History, now first discovered in definite 
outline and sunlit disc, felt only hitherto as Uranus was 
felt by Adams ere the astronomer beheld it with the eye. 
History like the other worlds has taken its place under the 
magnificent reign of law ; her planetary orb is clear and 
bright ; her continents and her seas are there ; there are 
her rivers and her thoroughfares ; her mountain chains and 
her lakes of bubbling silver. 

Than this no greater world has been discovered in an- 
cient or in modern times. Than this Galileo himself with 
his little telescope in the old tower of St, Mark, with the 
skeptical doge beside him, beheld not a more glorious new 
system of worlds and stars. They indeed shall grow old 
and go out in darkness ; but this New World of Man-life, 
passing out of chaos into order and law, is of the substance 
of truth and eternity. Like the orbs above us, history has 
emerged from chaotic fire-mist and cloud, and lias rolled 
in clear outline upon the vision. Through the halo and 
splendor of the new morning we see men with sunlight for 
garments and with flaming sandals, walking as the trees 
along the luminous horizon of life. 

But what is History? That is the great question with 
which we are concerned. In what outlines does she re- 
veal herself, now that she has become cosmic and beauti- 
ful to the eye of science and of poetry? History is no 
more, as she was, a queen of shreds and patches. She is 
no more chaotic, lawless, perturbed, distraught with wild 
visions and broken dreams. Let us see, if we may, what 






2^4 THE MAN 

manner of creature this is which the better thought of oui 
age has made visible to our senses and understandings. 

In the languages and thought of men the word history 
has had meanings not a few. The diverse senses of the 
term have confused, almost confounded, the understand- 
ing of the inquirer. First of all, the word history has been 
used as the. name of those puny writings, those formal nar- 
ratives of events, which men have produced and in which 
they have attempted to record the annals of the past- It 
was in this sense that the Greeks first coined and used their 
word hisloria. It was written story, a narrative of things 
done and accomplished by men, a statement of facts and 
principles. Thus began the man-made transcript, the poor 
picture which the ingenious mind by the unstable vehicle 
of human speech has sought to delineate on paper, to 
carve on stone tablets, to print at length with movable 
types, to. bind up in books, and to set in libraries as the 
story of the world. 

History, in this first sense, is the thing as man has seen 
it, and said it, and transmitted it to his fellows. Rather is 
it his 'picture of the thing ; it is his little ambrotype printed 
on sheet of tin — his photograph done cunningly on film of 
paper. He has set up his camera and looked, through it 
at the world. He has covered his head with the black 
cloth, fixed his focus, and looked forth at the little inverted 
images of the landscape. Lo, in that landscape are rivers 
and plains, interminable forests, precipices with gnarled 
oaks and eagles, vast mountains capped with snow, green 
earth stretching to infinite distance, and giant clouds float- 
ing on high, wrought into shining palaces and islands of 
light and glory ! And yet this poor ambrotype, this pho- 
tograph, two inches by four, written into dead miniature 
with sun-pencil through an inch-broad lens of glass, is 
supposed to contain the landscape ! Such is the confusion 
of human thought that the picture is confounded with the 



IN HISTORY. 275 

I 
landscape, and the names of the two are mixed and inter- 
changed ! The photograph, dim, obscured, blurred, less 
than a palm-breadth, traced with dead lines on perishable- 
paper — this is history ! This is agreed upon as the ade- 
quate transcript of the vast arena of the world, filled with, 
life, brilliant with sun and air, tossing with activities, shad- 
owed with infinite griefs and luminous with eternal hope ! 

Strange it is how long mankind were satisfied with in- 
significant -pictures of the life and deeds of men ! It seems 
to suffice that the mind had become curious to know the 
past, and had sought to reproduce it with letters and mon- 
uments. To this da} T , in the half-gloom of libraries the 
world over, assiduous scholars, thinkers whose eyes have 
been dimmed with years of application, iconoclasts with 
ax and torch, ambitious neophytes and wrinkled sages sit 
poring by daylight and lamplight' over the faint lines of 
the man-rnade pictures which, we call history ! Out of 
that they would discover the past, determine the laws of 
human society, and reorganize the world. 

There is thus, first of all, a written history, small, indis- 
tinct, obscure, disfigured with prejudice, seen crosswise 
with strabismic eyes, streaked in every part with the taints 
and obliquity of the minds by which it has been produced. 
But let not any contemn this poor record of the world. 
Rather let us guard it and admire it as the greatest legacy 
transmitted by the human race to its offspring. For by 
this we know whatever may be known of the past. Let it 
be noted with care that written history, however imperfect 
and meager, however blind in its transcript and explana- 
tion of the order and processes of man-life on the earth, is 
our only resource. Without it all the past, of which in- 
deed we know so little, would suddenly resolve into the 
darkness of oblivion and be seen no more forever. 

If written history were destroyed, our knowledge of the 
career of our race could never be regained. Other things 



t> v 



j 



276 THE MAN 

may be restored or built anew. All science, for example, 
might be quickly recreated if every word that man has 
written on scientific subjects were suddenly struck into 
night and silence. All those vast philosophies with which 
the human reason has so much beguiled itself might be 
made again out of the original materials. If every para- 
graph and line which has been penned on abstract inquiry 
were reduced to gas and ashes, the whole might spring- 
anew out of the soil which first produced it. So also of 
other achievements of the mind and hand. All architect- 
ure and arts might be done anew, or by restoration, if the 
real architecture and arts of past and present ages were 
swallowed into dust and darkness. J 

But not so written history. Who could reconstruct a 
single paragraph lost from the records of the ancient 
world? If written history were destroyed, to what should 
we appeal in the hope of recovering our knowledge of the 
past? A few hints might still be gathered from archi- ■ 1 
tectural remains. .Possibly something might be recon- 
structed by studying the existing laws of human conduct, 
and by tracing backwards for a short distance the lines of 
dim tradition ; but for the rest, our knowledge of the world 
gone by, of the emergence of human tribes from barbarism, 
of the development of our race into nations and peoples, of 
their rise into greatness and their descent again into shame 
and savagery, depends wholly upon such records as in- 
genious man has contrived for the transmission of his 
deeds and fame to after ages. 

This record then is history — as the ancients understood 
it. It is an account of events and institutions, done with 
such poor skill as the writers have possessed. It is an im- 
perfect, an interrupted narrative of the rise and fall of na- 
tions, of the transformations of society, of particular epi- 
sodes in the evolution and whirl of mankind, and especially 



IN HISTORY, 277 

of the part which the great actors here and there have 
taken in the drama. 

But what does written history signify? What is im- 
plied in the existence and study of such a fact as a his- 
torical work ? Is it possible that we are curious with a 
mere book of records? Or do we look for something else? 
Do we study a book when we study history? More prop- 
erly, may we find history in a book? Is this the thing for 
which we are searching, or do we not seek another? Do 
we stud}' history — written history — merely as we would 
critically consider a literary product? Or do we look 
through it and beyond it to the things which it seeks to 
reveal? Is there not another and real history of which the 
hook-history is but a passing shadow? Is it the shadow 
or the substance which we would discover and understand? 
Do we not easily perceive that all. written history con- 
sidered in itself is but a mere simulacrum- — a reduced dead 
image of some great fact as much more sublime than the 
transcribed images of the printed page as the open heavens 
with their galaxies and rolling worlds are more sublime 
than star-maps and orreries? 

It is questions such as these and the answers to them 
that have brought us at length to look through all written 
history to the real history beyond. In truth, the real his- 
tory is the only history, and the rest is but an image. In- 
deed, we scarcely any longer in the more exact and scien- 
tific language of our day use the word history of the lit— 
erarjr reproduction, but only of the facts and events which 
are reflected therein. He who studies astronomy may be 
interested with the telescope-; but the telescope is not the 
stars. He may concern himself with the lenses and the 
adjustment, with the chronometer and the mounting, with 
the machinery of the dome and the record of temperatures ; 
but none of these things are astronomy. The astronomy 
is yonder, The telescope is but an eye through which the 



2 .y8 THE MAN 



real astronomy is discovered. The circle and the transit 
are but means to the end of that star-lore the seat of which 
is far away on high. 

In like relation stands all book-history to the real history 
of the world. The real history is the event, and not the 
reflection of it in some poor labored page done by the 
groping genius of man. The real history stands far off 
yonder in the past. It issues oat of primeval shadows and 
darkness. It comes hitherward on trial marches, turning 
in this direction and in that as it moves among the mists and 
shadows of the dawn. It covers itself with mythology and 
tradition. It shows itself in tribe-life and clan-life. It j 
swings great clubs in battle with the wild beasts of the 
primeval world. It makes its home in caverns, in lake- 
villages, in rude tents, by the wave-washed shores of the | 
sea. It issues into nationality. It founds cities and ere- 1 
ates institutions. It becomes conscious and instinct with 
rational activities. It throws off its barbaric raiment and ■ 
puts on the habiliments of the civilized life. It builds 
temples and palaces of stone, and adorns its structures, re- 
producing in the forms of art the concepts of the mind. 
The epic and the lyric are heard above the resonance of 
clashing shields. There is noise in the porches of senate- I 
houses and councils in the chambers of great kings. Civ- 
ilization begins her stately advances, and the world is 
planted with commonwealths and empires. Commerce on 
white wings traverses all seas. All coasts and oceans, 
from the Great Dipper to the Southern Cross, are visited 
by the adventurous sons of men. They join hands around 
the continents, and girdle the earth in final internationality 
and peace. It is a drama, with mankind for the actors, 
the earth for a stage, and the downhanging sky and clouds 
for curtains. 

This is real history— history in the second sense. It is 
the great movement of the human race from its beginning 



IN HISTORY. 279 

to the consummation of its career. It is an action vast as 
the world and Jong as the measuring-reed of time. It is a 
scene so tremendous and vital in all its parts that the most 
lucid narrative of the stage and the actors is but a passing- 
glimpse, a mere image of frost-work and evanescent 
shadow. 

We thus fix our attention upon the thing — the event it- 
self — and call that histoiy. We discover the character of 
events, their form and substance, the aspect which they 
show to the understanding, their transformation and 
changes. We note with wonder the variety of the facts 
in the human panorama. Some are transient as the wind 
and dew, and some seem fixed and eternal as the moun- 
tains and skies. Some events are of a kind to change the 
surface of the earth ; to put refinement for barbarism- to 
substitute orchards for thickets and fields for forests ; to 
make hills! opes into terraces : to turn the channels of 
rivers ; to beat the grassy plain into a blistered mustering- 
ground under the tramping feet of armies. Other events 
change the nature of man rather 'than the aspect of the 
world. They are the institutions such as he seeks and 
creates for the gratification of his desires and the freer 
exercise of his powers. They are the family, the com- 
munity, the state. They are social svstems, priestly 
systems, military systems, and systems of economy. They 
are schools, gymnasia, assemblies of the people. They are 
customs made into laws, mythologies becoming science, 
and commotions and wars wrought into constitutions. 
The}- are industries and arts, commercial systems and the 
intercourse of the people. All these, whether concrete 
and visible to the eye or abstract intellectual forces play- 
ing upon the sentiments and purposes of men, are a part 
of the facts and events which constitute the real history as 
distinguished from the book history of mankind. They 
are extended through time and space. They spread over 



7TW 



2bO 



THE MAN 



continents and seas. They establish themselves on re- 
mote shores. They flourish in ancient river valleys. 
They clamber up 

• • • "Castle walls 
And snowy summits old in story." 

They move along vast thoroughfares, worn smooth with * 
the pattering feet of nations through ages of migration 
and travel. They penetrate the jungles of the tropics; 
voyage from land to land, and fix themselves in the very | 
snows from which the borealis flames up and clutches 
with its tulip fingers the spokes of Charles's Wain. | 

It would appear that having passed from the written 
page to the consideration of the real history of the world t 
— having substituted the momentous facts and events in I 
which human life has displayed itself through the ages 
for the poor pictorial delineations of the printed leaf— we 
might with that be satisfied. Having found the event and 
named it history, we might well say " Eureka," and rest. . 1 
But the progress of inquiry forbade the pause and de- | 
manded an additional interpretation. For a time after the 
attention of thinkers and historians was turned from the 
written to the real history, from the story to the fact, that 
seemed to satisfy ; but within our own age it satisfies no 
longer. That kind of historical inquiry which consists of 
the consideration of the facts and events in the career of 
mankind took the place of the romantic story-telling which 
had formerly held sway, and men believed they had dis- 
covered the true history of the world ; but the time came 
when the study of mere facts and events, disconnected and 
regarded singly and without respect to the laws of their 
sequence and evolution, no more could satisfy the demands 
of reason. 

Now it was that science and philosophy entered the 
arena. Now it was that with the increase of light and 
knowledge another and higher concept of historv was 



IN HISTORY. 281 

gained. It became evident that the facts and the events of 
our human drama, however perfectly investigated and 
known, do not of themselves suffice. It was seen that un- 
less the laws of order, arrangement, and causation could 
be applied to the phenomena of man-life, a knowledge of 
its aspects and partial developments was of no avail. 
Dimly at first, and more definitely afterwards, it was dis- 
cerned that the principles of scientific knowledge must 
be applied to the events of human history and the events 
be thereby interpreted in their relations and dependencies, 
else all the painstaking delineations of mere facts, all the 
pictorial descriptions and romantic episodes with which, 
the libraries of the world are crowded, are but inane and 
empty images. 

The mind stood before the problem just as it has stood 
at a certain stage in every department of physical inquiry. 
For ages the planets were seen wandering through the 
zodiac. All of them as far out as Uranus had been found 
and named and studied. The old star-gazers of the ]Mes- 
opotamian plain, the sages of Egypt, the Arabian astron- 
omers of Spain, and the scholars and poets of the Italian 
cities had viewed the planetary worlds and marked their 
motions. But none as yet perceived that a planet was other 
than a planet. It was simply a wandering star. It moved 
from place to place, and was known as a fact in the heav- 
ens. Even its coming and its going were noted and fore- 
told. All the nearer bodies of our cluster were seen and 
curiously traced in their capricious movements across the 
skies. The phenomena of the heavens were recorded 
in maps and charts. The sun's face was darkened in 
eclipse, and the moon at intervals hid herself in the omi- 
nous shadow of the earth. The facts were known, but 
they had no connection or significance to the understand- 
ing. Suns and worlds were discovered, but not. that system 
of worlds of which they are but the component parts. 



2 g2 THE MAN 

Overhead was the vast concave of the sky, studded with 
points of fire, and flushed day by day with the glories of 
the san. But system there was none. Each fact look its 
own course, and was unbound with law or correlation. It 
was not even imagined that a great cluster of revolving 
spheres was fixed about our central globe of fire : much I 
less was it dreamed that the sun himself is only a minor 
star in a larger system and galaxy of worlds swimming 
nebulous in the infinities of space. 

Behold how all this by the aid of the telescope has been 
resolved! Behold how the revealed laws of gravitation 
bind it together into one ! Behold how chaos passes away, 
and cosmos is instituted in its stead ! System rises on sys- 
tem, until the universe is seen to be whole and consistent 
to all its infinite borders. Further inquiry shows us the 
more complete dominion of law. Unity appears under all 
the archways of eternity. All isolation passes away. No | 
part of universal nature is any longer detached. Not even 
a meteorite dashing with portentous train of flame across 
the heavens is broken from the system of eternal order. 
No comet, diving up or down, wheeling feather-like around 
the remote turning-stakes of it's orbit, but obeys the behest, 
and holds fast its place under the reign of law. 

We need not pursue the illustration. All nature on the 
earth beneath and in \l\c skies above becomes organic and 
whole. The arrangement, the order, is seen. The system- 
atic construction of the universe appears, and is demon- 
strated with the ceriitude of the calculus. As to material 
nature, unity has come, and system is established in all 
her realms to the uttermost periphery of space. I 

How then shall it be with the historic phenomena of the 
world ? These phenomena until the present age of inquiry 
have remained in the condition of the planets and stars be- 
fore Galileo and Copernicus, before Newton and Kepler. 



The facts and events of the historical drama, like the 



IN HISTORY. 283 

worlB& on high, were found aforetime and followed for 
certain distances along their tracks of dawn-light ; but the 
tracks of dawn-light began and ended in darkness. The 
human world was a world of isolations, of broken parts, of 
disconnections and capricious individualities. The idea 
that the parts of man-life are bound together by the threads 
of law and order had not yet been caught by the greatest 
minds of the world. The concept that a general motion 
might be discovered among the fragments of our past had 
not yet risen upon the tallest genius of mankind. There 
was order in the skies, and disorder on the earth. Law 
was established above us and lawlessness around us. Our 
human universe was piled and heaped in even/ part with 
the activities and institutions of mankind ; with the relics 
of ancient civilizations: the ruins of cities and states; the 
fragments of constitutions and the waste cargoes of fleets 
and navies ; but these appeared to the thought and im- 
agination of the age only as a chaotic flotsam and jetsam 
of the seas, blown up by lawless winds and thrown in dis- 
ordered masses along the shores of time. 

It was necessary that a new concept should at length be 
reached of man-life and its phenomena in the world. The 
reign of disorder could not last forever. The idea must at 
length suggest itself that as in material nature so in the 
universe of life and action cosmos reigns, with law for his 
Minister of State. This concept came, and with it the 
first true notion of the history of the human race. Order 
appeared, and the facts and events of the world began to 
arrange themselves into a systematic whole. The firma- 
ment of waters was divided, and the dryland was seen, 
The laws of sequence and causation reached out silently 
and sublimely over the facts and events of our race-career,, 
and history arose like a beautiful exhalation of the morn- 
ing. 

One of the most remarkable stages of human progress is 



.-«--,.,- . , . , 



284 TUE MAN 

that in which the mind first passes in historical inquiry 

from the contemplation of the disordered facts and phe- 
nomena of human life to the laws and correlations where- 
by they are hound together. It is an advance from the 
materialities to the spiritualities of history. With the prog- 
ress of knowledge it was at last perceived that the studv 
of facts and events, however completely those facts and 
events may be investigated, is not the study of the real his- 
tory of mankind . That study has advanced already from the 
book to the event, and it now advances from the event to 
its causes and relations. History becomes philosophy in the 
highest sense of that great word. \ 

At first the law of universality among the affairs of men 
was not discovered ; but it began at length to be discerned 
in partial applications here and there. At first it was 
noted that this group of phenomena and then that group 
was bound in its parts by the principles of causation and 
sequence. Then higher and more far-reaching relations 
were discovered. Facts which had hitherto been supposed 
to be remote and dissociated were seen to have a neces- 
sary and binding tie. One event was seen to follow the 
other as its result ; the one sprang from the other as its 
cause. It was perceived that, though continents of space 
and vast reaches of time intervened, the event vonder had 
to the event here the relation of cause and effect, and that 
without the one the other had never been. 

The central principle of the New History is this law of 
universal causation. The bottom concept of it is that 
everything is caused and nothing causeless : that every 
fact of our human drama, whether material or immaterial, 
simple or complex, ephemeral or eternal, is linked to some 
antecedent fact or facts as its cause and to ensuing facts as 
its results. There is thus a concatenation of all events 
soever on the right lines of cause and effect, of anteced- 
ence and consequence, of originating force and final re- 



IN HISTORY. 2 85 

suit. A law of the correlation and conservation of forces 
is present and recognized in all human, affairs as well as 
in the facts and processes of the material world. 

This notion of the regularity and order of all human 
affairs has firmly fixed itself in the mind. The vision has 
widened. Further and further the deeds and institutions 
of mankind have been traced in their connections and de- 
pendencies, and everywhere they have been found to co- 
here in a common system. The concept of universal 
relation and dependence has flashed upon the thought. A 
few of the bolder thinkers have declared it. It has come 
like the Newtonian laws for the heavens, like the Darwin- 
ian discover}- for the natural history of life. The new no- 
tion of the human drama has adjusted itself with beautiful 
fitness to the vast panorama of events, and the old notions 
of disconnection, of disorder, of isolations and individuali- 
ties, of caprices and interferences have passed away like 
the shadows of night. 

This advance from the consideration of mere facts and 
institutions and men— -regarded aforetime as the be-all 
and the end-all of the inquiry — is the third estate of his- 
tory. It is the stage of Order and Law. This is the 
New History which has substituted the sequence of events 
for the events themselves, and the law of causation for 
the law of chance. The New History has planted herself 
on the relations and movements of the man- world, and 
order and progress have become the key-words of her 
empire. She has lifted the mind to a point of observation 
from which our race-career may be viewed as a whole, 
may be seen moving forward by steady and orderly se- 
quences from stage to stage in a determinate course from 
the beginning, through the middle, to the end of human 
activities on the earth. 

The true history of man, of society, of civilization, is 
now seen to consist of a progress and betterment in all re- 



286 THE MAN 

spects analogous to the evolutionary processes of materia! 
nature. The one movement is as perfect, as ample, as 
absolute as the other. The one as little as the other ad- 
mits of exceptions, contingencies, and variations of the 
common law. The life of man is as whole as the lift 
of nature. The life of the race is as complete as the life v I 
of the universe. The events in which man has been the § 
actor and the institutions which he has created have their 
sequences and developments in an order as definite as that | 
which determines the crystallization of minerals, the sue- 1 
cession of the seasons, the cycles of the forest,, The his- 1 
tory of mankind is, in a word, one complete and ample 
web with not a single outhanging thread or broken nap | 
or raveled selvage in its whole time-woven fabric. We 
might as well attempt to find in the material universe I 
some particle of matter over which gravitation's law does 
not extend, binding it to all the rest with a force propor- 
tional to its mass, as to seek to find in all the vast ex*- 1 
pauses of history one human atom which is not bound in | 
organic and vital union with, the whole, correlated with 
all the rest, and essential to the equipoise for time and 
eternity ! 

This absoluteness, entirety, and evolutionary progress 
of all the parts of the man-drama in the world is the be- 
ginning and the end of history. The gaining of an ad- 
equate notion of this sublime truth is the alpha and omega 
of historical inquiry. The race becomes one. Its deeds 9 
and aspects are the parts of a single evolution. Its events 
and its institutions are only the phenomenal expressions I 
of a common and universal life. Its seeming ascents and 
descents, its irregularities and twistings, its deflections to 
right and left, are but the visible stages, the optical illu- I 
sions, of one unvarying forward march from the barbaric j 
forms of our primeval estate to the sun-blazoned and I 
glorious activities of an enduring and perfect civilization. 



IN HISTORY. 287 

The discovery of the oneness and universality of hum an 
history has come late; but having come, it prevails. It 
is like the newly discovered laws of the material world. 
We have seen how those laws were extended by inquiry 
from isolated facts, from individual instances, from, small 
groups of phenomena, to larger and still larger assem-> 
blages of facts, until the whole of material nature has 
passed under the dominion of law and has become a unit. 
In the same way the integrity of history, its oneness and 
continuity, its completeness and absoluteness have been 
established. The analogy of the inquiry by which the 
unit}' of material nature has been demonstrated with that 
which has confirmed the unity of man is final and complete. 

Every branch of physical science has proceeded along 
the same lines which have now determined the principles 
of the New History. Our belief in the essential unity of 
the human race and of all its historical developments has 
been fixed by the same reasoning which has brought us 
to a knowledge of nature. Geology is not so much an 
account of the discovered and discoverable facts of the 
vast rocky beds beneath our feet as it is an exposition of 
the laws by which, with chaos and upheavals, our ancient 
globe of turbulence and fire has been transformed into 
order and beauty and made the abode of life. Biology is 
no longer a mass of descriptive delineations of the plants 
and animals inhabiting the earth, or even of their environ- 
ment and manner of existence. Rather is it the tracing 
of the lines of development from the ever-lower to the 
ever-higher orders of life ; the discovery of vital se- 
quences and successions ; the finding of connections and 
dependencies among the different orders of Jiving beings ; 
the demonstration of the means by which the varieties of 
life have been deduced from the common original 01 all. 
Astronomy is not the study of planets and stars, but the 
investigation of the laws and motions which make the 



288 



THE MAN 



sidereal heavens a universe of order. The}' who are 
skilled in star-craft are no longer concerned with mere 
descriptions of isolated worlds and suns, or even with the 
systems into which they are gathered, but rather have 
they bent their energies to the discovery of those vaster 
laws which determine the birth and death of worlds. \i 
is the processes and general progress of the starry spheres, 
the tendencies which the universe discovers of its own 
origin and destiny, that now absorb the interest of those 
great thinkers who from the mountain-tops of four conti- 
nents are peering into the depths of space. 

So also of human history. It is not the book-written 
account of the man-drama of the world—not merely the 
facts and events, the phenomenal aspects, the isolated 
situations and developments of the human race— but it is 
the forward march of man. It is the movement of man- 
kind from stage to stage. It is the causes, the relations, 
the dependencies, of all institutions and of all events. It 
is the cosmic 'arrangement of all things human into One 
Thing, and the integrity of that one thing in all its parts. 
It is the law of progress and amelioration, extending 
through all the deeds and all the works of man. It is the 
immaterial, the spiritual, thread which runs through and 
binds together in a complete and orderly evolution, not 
only the activities, the works, and purposes of mankind, 
but the human race itself from its undiscovered origin to 
its ultimate destiny. 

It was of vast importance that tins New History should 
come into the world and possess its thought and substance. 
It was necessar^r that the old history with its doubts and 
dogmas, its phantasms and chimeras should pass away. 
The concept of the extension of the reign of law over the 
affairs of the intellectual and moral world must come and 
prevail, in order that progress should be confirmed and 
civilization become rational and enduring. This trans- 



IN HISTORY. 289 

formation of the substance and the notion of history is of 
immeasurable value to mankind. It is analogous to that 
great and salutary change which has passed over the hu- 
man landscape from the recognition of law as the con- 
trolling principle of physical nature. 

Of a certainty law has always reigned. We shall not 
suppose that the discovery of order and regular^ among 
the parts of the material universe has altered the facts and 
principles of that universe, or changed either its course or 
constitution. The material and visible state which we in- 
habit was orderly and beautiful from the first; but the 
mind did not perceive it. All chaos is really in the mind, 
and not in .nature. Nature has never been chaotic. Those 
epochs of world-history which have seemed to be lawless 
and devoid of order were so only to the extent of the 
weakness and blindness of that reason with which they 
were considered. The higher and stronger reason is able 
to discover that chaos itself is only the inverted side of 
order — only a part of the infinite cosmos which is over all. 

While it is true that the order of nature has not been 
changed or improved or deflected by a hair's breadth from 
the lines of its predetermined course and unfolding ; while 
the absoluteness and regularity of the material world have 
not been amended by any agency of man or by any change 
and improvement in his own views respecting his environ- 
ment, — the recognition of order and regularity has brought 
to him the vastest benefit, being no less than the institu- 
tion of the civilized and orderly life in the place of the life 
of barbarism. Until the perception of order and law in 
nature, man was necessarily barbaric. Here lay the weak- 
ness of the ancient world ;' it knew not order. The ele- 
ment of discord was in it — not indeed in nature herself, but 
in the mind. 

Consider for a moment the poor and inadequate notions 
of the greatest minds of the ancient and mediaeval ages re- 



I 



290 * THE MAN 

specting the laws and phenomena of nature. It was in 
vain that the Old World enlightenment strove to lighten. 
It could not illumine save in the narrow circle of the torch, 
A flat world and a concave sky could not contain a civil- 
ization fit to civilize. A ball of tire drawn in -Phoebus's 
chariot across the sky could not dispel the darkness or 
fructify the world. Olympus sufficed, for poetry, but not 
for the creation of a universe. The boundaries of nature 
were contracted around the mind ; the sky was a roof, the 
earth was a floor, and the seas a rini of night and terror. 

It is impossible for us to estimate the reactionary effects 
which the substitution of science for superstition has 
brought to the human spirit. The false and meager con- 
cepts which it held aforetime respecting the world and 
universal nature are dissipated. The earth at length 
swings free in space. The mythological monsters that 
held it up and bore it on have melted away like the fog- 
specters of the Brocken. The roof has been broken from . 
the skies, and the infinite depths revealed. The atomic 
secrets of nature are opened to the understanding ; the 
laws of life begin to be discovered, and at last, with the 
coming of Newton and Darwin, there is day. 

It can not be doubted that the knowledge of the laws by 
which matter is governed, nature directed in her course, 
and the equipoise of all material things maintained, has 
been of incalculable importance to mankind. The incom- 
ing of such knowledge has opened great vistas and illu- 
mined far-off landscapes. It has put back the torn horizon 
of cloud and superstition till it now rests but dimly on the 
illimitable seas of thought.. It has made possible the be- 
lief in the steadfastness and orderly movement of all things 
in the heavens and the earth. It has furnished a resting- 
place and vantage-ground from which the spirit may look 
forth into a realm of universal order, promise, and hope. 
The result has been the birth of confidence, the unspring- 



IN HISTORY 



291 



ing of truth in the human soul. Man walks no longer 
among the pitfalls of interference, caprice, disorder, and 
darkness, but proudly and ilrrnly along the sun-lighted 
pathways of law and regularity. 

All this is said of the rise of the physical sciences and 
the consequent improvement in the intellectual and moral ' j 
state of man. If the discovery of the laws of universal 
causation and of the reign of order in the natural world j 
has had so great an effect upon the mind and has planted 
therein the foundations of a new civilization, what shall 
we say of the acceptance of law and order as the vital 
principle in the affairs of men? Man-life, as well as world- 
life, has become orderly, evolutionary s and progressive. 
It has ceased to be a life of chance and confusion, of tem- 
porary liftings and recessions into barbarism, of patches of 
light and continents of darkness. . What must be the tre- 
mendous results of this new concept of the history of man- 
kind? 

Certainly our world-drama was always under the reign 
of law. From the first day it was as orderly as now. It 
is only our altered station and view that have brought the 
change. The change from chaos to order is not in his- 
tory, or our stars, but in ourselves. The life, the devel- 
opment, the activity, the deeds, and institutions of mankind 
were never other than regular and progressive ; never 
infected with caprices ; never blown into eddies and sand- 
dunes by whimsical winds along our time-worn shores. It 
is only our view of the sublime phenomena that has been 
blurred ; only our thought about our race and its move- 
ment that has been darkened with doubts and distressed 
with fears. 

No branch of merely physical science has been so im- ■ 
portant to the welfare of mankind as has the Science of 
History. None other has brought so great and salutary 
changes affecting the conditions of life and the progress of 






2Q2 



THE MAN 



society. We have bad indeed a vast development of the 

sciences called natural. These include the new geol- 

\ 



ogy, the new astronomy, and the new biological exposi 
tion of the laws and natural history of life. All of these 
branches of inquiry have done much to alter and improve 
the prospects of the human race. By them the conditions 
of happiness and greatness have been brought near, even 
to the door. But the physical sciences — all of them to- 
gether-— are not equal to the noiseless, though well-nigh 
omnipotent, force of that historical science which has now 
asserted itself as the one supreme branch of human knowl- 
edge. It can not be doubted that an acquaintance with 
the laws and processes of human development,— -the stages 
of evolution through which our race has passed, the prin- 
ciples of causation and sequence running through all the 
works, purposes, and institutions of mankind, the percep- 
tion of the oneness, integrity, and completeness of the 
world-drarna in which we are the actors and participants, 
-—rises above and embraces all other kinds of knowledge 
as the sky embraces the clouds. 

The discovery of order and unity in the affairs of man- 
kind outruns the discovery of America and the discovery 
of Neptune. The belief in the wholeness and uniformity 
of all nature is not so important as the belief in the whole- 
ness and uniformity of man. The concept of the unvary- 
ing, undeviating, and inevitable progress of the human 
race, of the absoluteness and indivisibility of its work and 
destiny in the world, overtops, if I mistake not, every 
other concept of which the mind with its present powers is 
capable. That view of the life of man, of human society, 
of peoples and nations, of the deeds which they have done 
and the institutions which they have created on the earth, 
of the wars which they have fought, the treaties they 
have devised, the unions they have formed, the empires 
and republics they have founded, the conquests they 



— 






IN BISTORY. 293 

have made — at least in pari — over nature, and the subordi- 
nation of nature's 'forces to the superior energies of the 
will, — this view of human life is the one view which gives 
coherence and sublimity to our man-world, and makes the 
Planet of History the greatest of the stars. 

History in its newest and best sense is the foundation of 
the civilization that now is and that is to be. Inanimate 
nature is dominated by life. Life is dominated by in- 
telligence and reason. Reason has its crowning expres- 
sion in the mind and purposes of man. Knowledge rises 
through analogous gradations from material nature to hu- 
man life. Science applies herself first to the lowest and 
afterwards to the higher and highest facts of the world. 
She first busies herself with air and lire, with the waters 
and the rocks. Afterwards she turns to creeping vines 
and flowers, to lichens and forests of pine. Then she 
rises to the consideration of animate existence. At length 
she reaches man, and makes him the subject of her study. 
She views hirn as an individual. She analyses his sub- 
stance, his parts, and his powers. Then she weighs him 
as a member of a community, the personal fragment of a 
people, the atom of a race. At last she views him as a 
part, an infinitesimal part, of mankind, held by universal 
law to his little place and functions in a world of activity 
and reason. 

Thus far the evolution of knowledge is strictly scientific. 
Passing on, however, to grander ranges of subject-matter 
and becoming historical in spirit and theme, science takes 
up the tribe, the clan, the familv of migrating barbarians, 
the settling peoples, the growing nations, the outbranching 
and progressive races of men, and last of all the events, 
the institutions, the intellectual and moral progress, the 
hopes and aspirations of mankind. Upon all this the New- 
History lays her hand. It is the last and sublimes* stage 
in the evolution of knowledge. History, the first to be 






294 THE MAN 

sought by man, is the last to be revealed ; first to babble, 
she is last to speak. Prating aforetime of gods and heroes, 
she now reasons of growth and law, of the development 
and unity of man. She views the human race as a single 
organic life under its own laws of evolution, growing, in- 
creasing in volume and capacity, and reaching out to all 
continents, subduing and occupying all, reducing nature 
to obedience and service, mastering the world, and finally 
turning to the consideration of itself as the highest entity 
and noblest expression of force within the domains of na- 
ture. 

History is thus the summation of the wisdom of man- 
kind. It is the knowledge and consciousness of the hu- 
man race respecting itself, refined and sublimated to the 
last degree. It is the continent of all things else which we 
possess of intellectual treasure and civilizing force. It is 
that to which all other forms and elements of intellectual 
and spiritual aspiration go forth and into which they flow. 
History is that universal air in which all forms of light and 
beauty, smitten with sun and'dew, flourish with blossoming 
and fruit. It is the river which draws into its channel all 
the fountains of humanity, all the water-brooks of thought. 
It is the ocean whereto the living currents of the world 
slowly and grandly make their w r ay and with which they 
are at last resolved. From that ocean at the first they j 
arose in invisible mist, and in it at the last they find their 
final rest. j 

In this world-drama where, then, stands the Man? Is 
he lost in the tremendous system that involves him, or does 
he still shine star-like in the spaces? Has the actor dis- 
appeared in the splendors of the play? Is he tossed like 
small dust with the machinery of a self-moving and ever- 
shifting stage? Without doubt, history is man's affair; 
and he is the principal affair of history. It is his because 
he is a. part of it ; because it is the great act in which the 



IX HISTORY. 295 

destinies of himself and his' kind are somehow endlessly 
enfolded. There is a history of matter, of that inorganic 
bottom which nature has laid under the feet of all. There 
is also a history of animated nature, of those irrational 
forms of life which inhabit the lands and waters of our 
globe. But in the better sense, history belongs only to 
man, and he to history. "Whether he makes it or does not 
make it, thus much may be truly said, that he onhy is ca- 
pable of knowing it and acting in it. 

We have seen what the tiling called history reall}' is ; 
that it is not a mere transcript of human affairs, not an 
isolated event, not a mass of material debris and strug- 
gling lives of men ; but that it is all events and all human 
destinies bound together as the related parts of a common 
movement under the dominion of universal law. We have 
seen that it is the relations and correlations, the depen- 
dencies and sequences, the principles and laws of the 
facts and events of man-life which constitute the essence 
of history in its truest and noblest form. Where, then, in 
this great plexus of causation, this vast fabric offerees and 
changing developments, stands the man? 

The inquiry is propounded, not of mankind as a whole, 
but of the individual. As to the human race, that may 
almost be identified with the thing called history. The 
one is commensurate with the other, and each is unthinkable 
without the other. Mankind in this larger sense is in its 
processes and evolutions history made visible. The one is 
the corporeal expression and visible form of the other. But 
there is still a difference between the human race and the 
history in which its life is expressed. There is a differ- 
ence between the movement of affairs and the affairs them- 
selves. There is a difference between the affairs and the 
actors. There is also a wide difference between events as 
they appear to the senses and judgments of men and the 
principles which control and determine them. Finally, 



' ' ■'■': 



296 THE MAN 

there is a difference between principles and laws and those 
movements and processes of human society to which the 
principles and laws apply. It can not be said that facts 
and events are men, or that men are events, or that the se- 
quence of events is strictly a part of the activity and pur- , j 
pose of the human race. But we are here in deep waters, 
and are dealing with high abstractions in the manner of 
pure philosophy — a thing we would fain avoid. What we 
hope to elucidate is the place and the part of the man as an 1 
individual in the great aggregate of forces which surround 
him and bear him onward. 5 

We may note s first of all, that a marked change has taken 
place in the relations of man to history as he has advanced 
from his place in primitive society to his place in the great 
society of the present time. If there were but one man in 
the world, his conduct would constitute the history of his 
epoch. We are wont to say that the conduct of man is 
determined by himself. He might, therefore, under the 
Supposed conditions be regarded as the maker of history- 
As the head of a family or tribe his influence would still 
be great, and the event would seem to issue from him ; I 
but even in the simpler relations of primeval life his force 1 
and predominance would already begin to abate. Even j 

when he stands alone the forces of nature would largely 
determine his activities and limit the event. Hunger 
would be his teacher, rain and sun his law-makers, the 
wind his secretary, and cold his magistrate. So that even 
when alone man can not strictly be said to be the maker 
of the history of his time. 

With the coming of the larger forms of ancient society, 
man as man began to recede from sight. There were 
still great leaders in battle and song; but the race multi- 
plied and man declined ; that is, he became less potent as 
a causative force in the world. The event became pro- 
digious, and the man small. As the race gathered vol- 



IN HISTORY. 297 

u me it seemed to take a force and direction of its own, 
and to go forward on lines of development which were 
clearly not determined b} r any of its members. The 
events of the drama ceased to answer to the conscious 
plans and purposes of the actors, and began to respond 
more and more to general antecedence and causation. 
Such has been the uniform tendency of human affairs 
from the beginning until now. 

Two general views have prevailed respecting the rela- 
tions of man to history. One class of thinkers, in the 
face of the fact that the relative force of the individual has 
become less and less at each stage of the statefy progress 
of the race 5 have insisted on regarding the man as the 
fountain-head of all historical events. Others, beginning 
with the same phenomena, namely, the manifest expan- 
sion and development of history as an organic and all- 
pervading fact and the comparative obscuration of the 
individual in the general volume of forces, have insisted 
that the man is naught ; that he himself instead of being 
the causative agent is but the conscious product of en- 
ergies and combinations of force that are over and above 
him, before him and after him, and wholly independent 
of his will. 

Thus have arisen the two opposing interpretations of 
the place of man in history. The one, in its extreme and 
absolute declaration, is the doctrine of free-will and spon- 
taneity applied to human affairs, and the other is the 
dogma of fatalism. Hie one would make man the cause 
of everything, while the other would make him the cause of 
nothing. The first would regard all history as flowing 
from the cogitations, purposes, and consciousness cf the 
individual mind, and the other would regard not only the 
plans, desires, and will of the individual as proceeding 
from general causation, but the man himself, with all of 
his sentiments, beliefs, aspirations, and hopes as only the 



29$ . THE MAN 

necessary product of an antecedence which brings hirr; 
into the world and shapes his destiny. 

I am aware that at first view it appears paradoxical and 
impossible that history should proceed from any source, 
but from the man himself. Prima facie, it seems self. r I 
evident that he is the maker of the whole. Whbevei 
mere!)- glances at the problem must regard it as demon- 
strable that all affairs, all events, all movements and phe- 
nomena of the world-drama are but the products and re- 1 
suits of the energies, intelligence, and purposes of men. 
Who but they, the inquirer may well demand, could be 
the origin of human events, the cause of 'whatever is? | 
It seems so plain to the e}-e of sense that man does plan 
and purpose, that he does make and determine, that the 
fact does fall from his hand as the sword or the plow- 
share falls from the blacksmith's anvil, — that to doubt his 
agency, his origination, his creation of the event seems 
absurdly to question the evidence of all the senses and 
perceptions of the mind. How, therefore, can history be 
other than the work of the individual in collaboration of 
plan and purpose with other individuals like himself? 

Opposed to this view, however, is the other to which we 
have referred. This changes completely the point of ob- 
servation and makes man himself to be but the result of 
historical antecedence — the product of his age. That he 
is so seems to be established by many indubitable facts. 
The proposition that man is born and lives by the compul- 
sion of his age becomes with little study a truth as palpa- 
ble as any. Look at the individual at any time and in any 
country. Glance at his place in antiquity, in the mediaeval 
ages, at the present day. Select the man from any situa- 
tion whatsoever, and see whether he has to any extent 
determined even himself, to say nothing of the events of 
his epoch. Did he before his coming mark the time of 
his birth? Did he determine and choose his country? 



IN JUS TORY. 299 

Did be reckon the conditions of climate and scene into 
which he should be tkrown, and the consequent limitations 
of his powers? Did he fix his birthplace in river valley? 
on mountain slope? in populous city? on solitary steppe? 
in moaning forest? by the pebbly beach of the infinite sea? 
Did he choose his race and blood? Did he select his own 
paternity? — his father? his mother? the physical and moral 
union of their lives in him? Did he make himself a Hin- 
du? a Persian? a Greek? a lire-worshiper? a pagan? a 
Christian? Did he prepare beforehand to be a soldier? a 
poet? a priest? Could he fix himself by preference and 
will in Babylon ? in Rome? in Peking? in London? Could 
he by prearrangement adjust the historical conditions into 
which he would be born, and of which he must avail 
himself or perish? Could he make for himself a scene of 
action among the Athenian democracy? the Roman patri- 
cians? the Gallic warriors? Would he be a. Hun or a 
missionary? a Crusader or an Infidel? a prince or a boor? 
a fool or a philosopher? man or woman? slave or general? 
black, brown, or white? strong or weak? blind or seeing? 
dwarf or herculean? capable or incapable of action and 
accomplishment? Has any man in any age or country to 
any degree whatever influenced, not to say determined, 
the antecedent conditions of his own life and activities? 
If he have not done so, then how can he be said to be the 
maker of history? To make history he must first at least 
devise himself; and if he can not do that, how can he do 
the infinitely greater thing? 

All questions implying the power of man to fix his own 
place and manner in the world must be met with a general 
negation. It must be agreed that man does not determine 
bis place in history ; that he does not choose his country, 
his age or his race; that he does not make the elements 
°f his own life and activity ; that he does not originate or 
greatly influence the laws and conditions of his environ- 



' 



•00 THE MAN 



ment. Nevertheless, he who holds the opposite view re- 
turns unvanquished to the battle and appeals vehement! \ 
to the truisms of his contention. He cites the manifest 
originating power and controlling hand of man over the 
incidents and events of history. He goes forward frona 
material facts and conditions to abstract and moral con- 
siderations, charging the adverse opinion with absurd pre- 
destinarianism, with materialism, with every species of 
fatalistic philosophism invented by a blind and absolute 
science. Your history, says he, dethrones man and makes 
him of no reputation. It reduces him from an agent to a 
thing. It takes all will and purpose out of history and 
makes it to be but the aggregate result of physical forces, 
leaving it on the plane of a mere natural philosophy. 
Such a view is against the evidence of the perceptions of 
the mind and the common testimony of the human race. 

What — continues the debater — is the witness of all ob- 
servation and recorded annals? — what but that men them- 
selves, individuals, persons either singular or many, have 
originated, caused, produced the facts and events of the 
historical drama? Who but man has reclaimed and peo- 
pled and civilized the domains of the world? Did any city 
ever found itself? Did ever a state begin of its own ac- 
cord? Did ever any institution or event rise anywhere but 
by the uplifting hands of men ? Did not Cecrops found 
Athens, and the Twin Robbers draw the ramparts around 
primitive Rome ? Did not the legionaries of Claudius on the 
Thames bank build a fort to command the river and make 
the first huts in the metropolis of the world? Did not 
Moses and Solon and Numa Pompilius make laws for the 
Jew, the Greek, the Roman? Did not the son of Philip 
conquer Asia? and did not Hannibal shake his fist at 
Rome? Was Charlemagne nothing but a name? Were 
Luther and Cromwell only the open and unconscious 
mouths of religious and democratic insurrections? Was 



j 



IN HIS TOBY. 30 r 

; ;idielieu only a puppet, wired and pulled by fate? Was 
vrpoleon only a barren ideality? Did not Omar the 
Great take Jerusalem, and Godfrey recover it? Do not 
men rear palaces and temples and adorn them with im- 
mortal arts? Did not Michael An gel o fling up a vision of 
angels and cherubim to the ceiling of the Sistine Chapel? 
and did not the Man of Genoa— even against the conspiracy 
of the age, the contempt of kings and sages, and the anger 
of the sea— bring his triumphant Santa Maria from the 
far-off^ bright Azores to 

— "Bahama, and the clashing 

Silver-flashing 

I 
Surges of San Salvador" ? 

Did blind fate or the living man discover the New 
World? 

Thus triumphantly cries out the advocate of man-agency 
and man-purpose as the originating forces of history. But 
the antagonist is not silenced. The believer in the pre- 
dominance of the laws of universal causation merely smiles 
at the declamation of his adversary, and goes on. He 
takes up the unexhausted debate, and drives home thrust 
on thrust. Your argument, says he, is mere phantasm 
and stoneblindness. Men produce nothing — nothing! 
They control nothing — nothing ! They contribute not a 
single feather-weight to the world. They give no atom to 
the aggregate of things material or things eternal. On 
the contrary, they are themselves like bubbles thrown up 
with the heavings of an infinite sea. There on the sur- 
face they flash for a moment, and are gone forever. Men 
<io not, as you say, create the elements or direct the course 
of history. The builders of that sublime fabric are invisi- 
ble to mortal sight. They live forever, and have power 
over all the phenomena of man-life, shaping and con- 
structing all. The man lives for a day and constructs 
nothing. Cecrops did not, as you say, found Athens, 



302 THE MAN 

Minerva had been there before him and had planted &r 
olive-tree on the Acropolis. She. had contended with I <tf 
tune and driven him away! Cecrops did. not make l... 
site, but only discovered it. He did not discover it, for he f 
was sent thither by history to find it ! Greece had already 
been prepared in an alembic older than the Hellenic race. 
There was the broken shore. There were the hills and 
the mountains. There were the oak woods and Olympus ; 
the grottoes and the whispering groves of myrtle ; the 
cerulean sky and the hexametric pulse of the soft seas 
falling on the shore. There had been prepared the ante- 
cedent conditions, not only for Athens and Sparta, but for 
Cecrops and Theseus as well ; for Agamemnon and Ho- 
mer ; for Lycurgus and Solon ; for the Delphic shrine and 
the Parthenon ; for the Olympic games and Salamis. 

Into this region — as into all regions — history sent her 
law-makers and her poets. She dispatched thither her 
warriors and her orators, her philosophy and her arts.' 
She it was who heaped up the tumulus of Marathon, and 
still sends there her spectral Greeks to fight in the clouds 
by night. She it was who urged Hannibal with his ele- 
phants across the Alps, and who held back Cassar for a 
moment on the banks of the dividing river. She it was 
who whirled the battle-ax of the Lion Heart on the hills 
above Jerusalem, and who put the reluctant hand of John 
to the parchment of the Charter. In that trembling scrawl 
were the English Constitution, the freedom of the Nether- 
lands, and the Declaration of Independence ! 

The advocate still continues : Did Alexander make 
himself ? If so, he did not make Philip and Aristotle ! The 
one as his father and the other as his teacher are accredited 
with making him ! It might therefore better be said that 
Aristotle was the conqueror of Asia. But he also was the 
product of a certain paternity, and in a larger and truer 
sense the product of a certain age. Were the Draconian 



i 



IN HISTORY. 



303 



jaws the work, of him whose name they bear, or were they 
only the bloody remnants of ancient savagery and night? 
Were the Ten Tables made or compiled? Were they 
anything but the reduced and simplified expression of im- 
memorial usage? 3s there any such thing as making a 
law in any age or country? What is a law-maker if not 
one whom history appoints to ascertain the thought and 
habit and purpose of some of her peoples ? Neither Moses 
nor Zoroaster nor the camel-driver of Mecca was the 
maker of the code of Israel, of the Fire Bible of Persia, of 
the Arabian Islam. The Hebrew law may be found in 
broken fragments among the lore and usage of peoples 
older than Moses, older than the flight from Ur. How 
are constitutions made? — how but in the forge and fire of 
time and toil, by heat of war and rain and shine of peace? 

Nations £0 to battle as the clouds enter a storm. Are 
there not unseen forces behind the one as well as impel- 
ling the other? Do clouds really fight, or are they not 
rather driven into concussion ? Are there not unseen forces 
behind both the nations and the clouds? Are not battle- 
rack and cloud-rack alike in this, that the one is the result 
of the contending forces of history and the other the shock 
of electrical currents and fight of viewless winds? The 
visible clash is nothing. The armies and the leaders, 
whether on the earth or in the heavens, are but the visible 
signs of battle; and victory goes to him, whether man or 
cloud, that is flung with greater force and momentum 
against the other. 

What was Rome but a catapult, and Caesar but a 
stone? He was flung from it beyond the Alps to fall 
upon the barbarians of Gaul and Britain. What was 
Martel? The very name of him was Hammer! He was 
the hammer of Europe beating Africa. What was Alfred 
but the bared right arm of Saxon England? What was 
Dante but a wail of the Middle Ac;es? and what was 






30^ THE MAN 

Luther but a tocsin? What was Columbus but the hom- 
ing pigeon of an epoch of darkness and despair? Win,! 
was William of Orange but the doubled fist of Holland: 
and Holland but the doubled fist of Protestantism? What 
was Washington but the unsheathed sword of our Nov. 
World democracy? and what was Napoleon but a thun- 
derbolt rattling among the thrones of Europe? He d\Ci 
not fling himself, but wasfung! 

Such is the cause in court. Such are the arguments 
with which each of the great pleas is supported. Here 
on the one side is the Man set forth as the Author of His- 
tory ; and here on the counter side is History set forth as 
the maker of the Man, The contention is as far-reaching 
as the origin of the human race, as strenuous as the cords i 
that bind our destinies, and as profound as the seabed of 
life. The time has arrived for a charge and a verdict. 

The whole tendency of this momentous inquiry respect- 
ing the place of the man in history has been to reduce the 
agency of the individual and to show the prevalence of 
the laws of general causation over the human race and 
its activities. Just in proportion to the illumination of the 
understanding and the widening of our field of vision has 
the acknowledgment come of a reign of law, not only in 
the domain of the material world, but among all the facts 
and phenomena of history. Every advance in our scien- 
tific know! edge, every correction of our reason, has con- 
firmed what was aforetime only a suspicion, but has now 
become a belief, namely, that the influence of man, as 
man, on the course of events in the world is insignificant. 
Though the event itself is human, the evolution rises 
above the agency of man and fixes itself into the general | 
laws and sequences which bind all things together. As 
for the individual, he works at the event, labors upon it, 
imagines even that he shapes it with his hand ; but he 
does not really determine its character or its place in the 



! — - i 



IN HISTORY. 305 j 

general movement of the world. He is conscious of his 
own endeavor, knows his plan and purpose, perceives the 
changes that are going on around him in which he par- 1 
ticipates, takes this place or that place in tire drama ac- 
cording to his will and the will of his fellows ; but for the 
rest, the act goes on independently of his powers and plans, 
and the event comes out at length by its own laws of de- 
velopment, and is above and beyond the designs and : 
understandings of men. 

It is clear that history in its larger and truer sense is an 
evolution, more far-reaching and important than all the 
local and incidental aspects of human life. The man op- 
erates in it and is of it, but does not direct its course or 
final result. In the natural world every organic body is 
built up of cells by forces which relate to the whole 
structure. The cell is put into this part or that part ac- 
cording to the necessities and plan of the general organ- 
ism. Each cell is seized and perfected by the agency of 
laws which have respect, not to itself, but to the larger 
life to which it is subservient. The cells are placed ac- 
cording to the fitness of things, and are made to conduce 
to an interest other than their own. Their life is swal- 
lowed up in the grander life that feeds upon them. They 
are subordinated to a plan so much vaster and more im- 
portant than themselves that the disproportion of each to 
the organic whole is inconceivable. 

In like relation stands man to history. He is a con- 
scious cell built into the wall of the world-drama accord- 
ing to the exigency 7 of the tremendous structure. True it 
is that he goes to his place without feeling the compulsion 
that is upon him. His own will, being a part of the gen- 
eral scheme, cooperates with the plan and purpose of man- 
life considered as a whole. He takes his station here or 
there by preference ; but the preference itself is a part of 
the. universal plan. He perceives, within a narrow limit, 



3o6 THE MAN 

the work that is going on around him, and his own pan 

therein. He is able to discover the nature and probable 
design of that small section of the general structure in 
which he stands and upon which he exerts his feeble 
agency. If the event in his part of the field conforms to 
his purpose and expectation he imagines that he has been 
the determining force therein ; and his fellows, if he be 
great, ascribe to him the agency which he claims. 

It is here that the delusion begins which makes man — 
the individual — to be the author of history, In many cases 
he seems to himself to be so, The records of his age are 
made up accordingly and transmitted to after times. So 
the tradition arises here and there that this man or that man 
determined the history of his epoch. In fact, each, man, as 
the scientific history declares, is but the product of his 
age — a local force which the general laws of causation 
demand and find ; or, to return to the analogy, the man is 
but the living, conscious cell which historical causation 
seizes and assigns to its place in the general structure of 
the world. 

It is difficult for us to apprehend with clearness the sub- 
ordinate place which history assigns to the individual. We 
are the individual ; and it is hard for us to go to our own 
place and stand among the small. We are recusant against 
the law that governs our lives and destinies. There is a 
natural residue of resentment in the human mind against 
that principle which makes man to be no more than a local 
circumstance in a general plan which he is not even 
able to apprehend. The man, being proud— vain of his 
achievement in the sphere of his activity — would fain re- 
gard himself as the creator of greater things. He cajoles 
himself into the belief that he is so, and does not willingly 
agree to that plan which makes him to be but a conscious 
cell in the walls of history. Before he will assent, he must 
be reasoned with and convinced. He must be shown that 



IN HISTORY. 



307 



his agency extends to so limited a sphere, and is so brief 
in its operation, as to be necessarily disregarded in that 
general plan which is as long as time and as profound as 
space. 

No estimate of history, and of the place of man therein, 
can be adequate or satisfying which does not recognize - ] 
the complete subordination arid immersion of the indi- 
vidual in the world-drama of which, he is but an incident. 
The man must be brought to see the disproportion between 
his agency — whatever it is— and the trexnendous organic 
whole in which his destiny is laid—a disproportion as strik- 
ing and incommensurable as that of the finite to the in- 
finite* 

Consider for a moment the limitations which are inex- 
orably fixed around all the boundaries of human life. Note 
the limitation of time. The average duration of the life 
of man is almost infinitesimal. It is a handbreadth. It is 
naught as compared with, the stretch of the ages. Accordr 
ing to our world-time the event is thousands of years old, 
and is still young. History in making her facts and pre- 
paring her results demands multiplied centuries. She pays 
little attention to the brief generations of men who rise 
and flourish under her extended dynasty. To the man 
she assigns one decade of activity, or two, or three, and 
then he goes. He goes to return not. But the event does 
riot go. It accomplishes itself in its own way. Like the 
millennial oak, it regards not the vicissitudes of season or 
the puny tribes of living creatures that vociferate and play 
for a day beneath its tremendous branches. 

A like limitation is that of place. Man is bound to a 
single locality/ ; but the event has the world for its country. 
Until the present century man was narrowly circumscribed 
to the little arena of his origin. He is still circumscribed, 
and whatever he accomplishes is in the nature of the case 
as local as himself. What he builds stands there, a brief 



■ 



3oS THE MAN 

monument of the small sphere of his action. Man flies 

not, but only walks. If he swim, it is in the shoal waters 

of the surf. The birds and the fishes outgo him, and the 

four-footed creatures have greater speed. If we consider 

his mind, his faculties, and aspirations, even they are lira- ; 1 

ited to places and conditions. In saying this, we do not 

forget the flight of thought, the excursion of intellectual 

force, the outreaching of human purposes ; but all these 

are, in comparison with the greater schemes of history, 

no more than the circumference of leaves or the flight of 

insects. The man is obliged to recognize not only the 

brevity of his day, but also the limitation of his activity 1 

• . . . I 

to a certain spot of earth little affected by his presence and 

totally indifferent to his destiny. 

A third limitation laid by nature on man is the weakness 
of all his powers, lie weighs not as much as the St. 
Bernard that trots by his side. The ox easily outdraws 
him. The horse— -even when bitted and reined — -dashes 
away with him and his carriage. The smallest of nature's 
forces round about tosses him hither and yon. He can 
not see in the night, or survive without shelter and fire. 
Shall we call such a creature as this the maker of history? 
History is stronger than the winds, mightier than the sea. 
In her hands all forms of life that inhabit the globe are but 
as the microscopic creatures on the slides of the naturalist ! ; 

To her all seasons and years, all climates and places, all 
continents and dominions, are but; the materials of a pur- 
pose which she cherishes and pursues on unbent lines 
from the beginning to the end. 

We thus accept the subordination of man to history* ... 
We recognize the fact that the individual has small place 
in the general movement of the world-drama — small in- 
fluence in affecting the results of the present or final action. 
It is not meant that man is naught, but only that he is 
weak and transient. It is not meant that the structure of 



IN HISTORY. 309 

history is built up of materials other than human ; but the ! 
individual parts are only the cells and molecules of the or- : 
gaiiic whole. The individual has his sphere of activity ; 
and his local force ; but: these are only the cell-life, the | 
corpuscle and tissue in the universal organism. 

Every man in the world is a miniature battery. He has ! 
his small cup of force the size of a gun-cap ! In it are the I 
acid, the carbon, and the zinc. Out of it reaches a gossa- 
mer thread which attaches itself to the tremendous lines 
of universal causation girdling the earth and binding 
nature. The little gun-cap battery discharges its modicum 
of electrical force into the general circuit, and to that ex- 
tent contributes to the motive power of the world ! Here, 
however, the agency of the individual ceases, and the 
reign of law begins. Here the work of man, as man, in 
the drama of history ends, and he himself is absorbed in 
an action the nature of which he does not understand and 
the final results of which he may not foresee or imagine. 

To this general scheme — involving the universality of 
history and the subordination of the individual-— all men 
and all events inevitably conform. Each has its place and 
its purpose — a place and a purpose little discoverable by 
human faculties, but tending ever, as we are able dimly to 
discern, to the betterment and perfection of the human 
race. It is in the light of this view of history and of man 
'that every fact and event is to be weighed and understood. 
In the radiance of this brief candle of knowledge the man 
himself is to be estimated and considered. He takes his 
place under the dominion of universal forces, and con- 
tributes his little part to the destiny of the race. 

Thus is history to be known ; and thus are all men to be 
measured and interpreted. Certainly we shall not take 
away from the conspicuous actors of past or present ages j 
their well-earned title of great. To be great is to answer 
the call of an epoch. It is to respond to the conditions of 



3io THE MAN 

one's age, and to fulfill them. It is to take the rank, and 

office which history has assigned beforehand, and to make 

strong that part of the eternal ramparts in which the living 

agent may be builded. It was thus that the sages and 

warriors of the ancient world answered in their lives to 

1 
demands which went before them and to conditions which ' 

determined their activities and fame. 

We do not say that there has not been human sponta- 
neity in the world. We do not say that the Hindu poets 
who sang the songs of the Vedas were no more than the 

sounds of reeds filled with the natural wind— no more 

I 

than the rustle of leaves or the whir of wings through 
the thickets by the banks of the Indus ; they were more than 
that, for they had thought and hope and love, and whoever 
has thought and hope and love is immortal. We do not 
say that Zoroaster and Guatama had in themselves noth- 
ing of plan and purpose worthy to abide in the soul of the 
race and survive forever. But these primitive reformers • | 
of great races were none the less the products of conditions 
that preceded them, and were none the less born in answer 
to the imperative call of history. | 

Time would fail to take up and follow the illustrations 
which rise on full wing from every land and clime. An 
age came when the world was full of mythological follies 
and spurious forms of thought. It was necessary that 
these' should be whipped back into the primeval darkness 
out of winch they had risen. Socrates was invented by 
history for this work. He was her whip, and the sting of 
it falls yet with sharpness on the back of all sophistry and 
lies. He came not of his. own accord, but coming he 
found his office, and must fulfill it. His destiny led the 
way even to the dungeon and the hemlock. Socrates was 
not so much the son of Sophroniscus and Phsenarete as he 
was the son of Athens, the son of Greece, the son of the 
Hellenic race, the son of reason and of the an*es. Were 



IN HISTORY. 



3H 



not Phidias and Praxiteles the art-blossoms of centuries of 
time ? Were they not born out of Egypt as well as Hellas ? 
Would either have been possible at an earlier or a later 
age? The marvels of the Acropolis rose under the hands 
of these masters ; but the masters themselves rose under 
the hands of migration and war, of poetry and patriotism, 
of triumph and pride of race, of Attic enthusiasm and in- 
tercourse with the gods ! 

Civil and political order was one of the necessities of 
mankind. It was demanded for the further evolution and 
progress of the race. The antecedent conditions of Rome 
were prepared through ages of time. Her situation was 
prepared. A division of mankind suitable for so great a 
work was prepared and imported from distant lands. The 
old Kingdom was prepared, then the Republic, and then 
the Empire. The world itself was prepared for conquest 
and centralization under the sway of the Caesars. A con- 
dition was prepared for the planting of a new religion, 
destined to conquer all Europe and to become a prevailing- 
force in the New World. 

What shall we say of the subordinate parts of that im- 
mense fact called Rome, issuing as if by birth from the 
paternity of the ages? What shall we say of its individual 
actors—of them to whom the making of Rome and so large 
a section of civilization has been attributed? What shall 
we say of Cincinnatus and Regulus, of Scipio and Marias, 
of Pompey and the baldheaded Julius who beat him down, 
of all the Caesars, of the poets, historians, law-makers, and 
orators who, from Augustus to Constantine and from Con- 
stantine to the Palaeologi, rose and passed across the stage 
of that tremendous drama? Were they not all but the 
fruits of time, the progeny of old paternities, the products 
of forces and conditions which were older than the first 
appearance of the Aryan race in Europe, older than 
Egypt, Chalckea, and India? These were but the tran- 






3* 



THE MAX 



sient actors in a scene which, extending through twenty-on 
centuries of time, was itself but a single act in that world- 
drama which absorbs the energies and enfolds the desti- 
nies of all men and nations from the beginning to the end 
of time. 

Mark also the incidents of the Middle Ages. Peter of 
Picardy, little old monk in woolen mantle, preaches a holy 
war against the Infidels. He rouses barbarian Europe and 
leads a crusading host in wild array of fight to fall upon 
the defilers of the Holy City. For two centuries the world 
is in turmoil, and Peter is its master. Such has been the 
story of our book-history,, and to that the opinion of man- 
kind has long conformed. But who was Peter? and how 
should he be a force among the nations? Ignorant, super- 
stitious, ?,ngry , mounted on a mule, how should he make 
history? Does history proceed from a fool and a mule? 
Nay, nay. Consider for a moment the far-off antecedents. 
Yonder the Arabian Prophet arises, Pie has been prepar- - 
ing since the flight of Abraham I He comes and converts 
his people from idolatry. He and his generals conquer 
the East, A race of iron-forging Turcomans out of the 
Altais make their way westward, and smite Persia. As- 
syria and Asia Minor fall before their prowess. They ac- 
cept the doctrines of Islam from the conquered, but can 
not be stayed till they possess themselves of the City of 
David and sit cross-legged on the holy tomb. 

Hitherto, Christian pilgrims had been well treated by 
the polite Arabians in the East ; but to the Turcomans all 
Christians were giaours and dogs. Meanwhile the barba- 
rians of Western Europe had become converts to Chris- 
tianity. Through more than four centuries they had been 
wrought up to the stage of fiery zeal and warfare, All of 
these conditions had been prepared in the vast laboratory 
of history ; and no man had been consulted! When the 
news came of outrages done to pilgrims in Palestine, what 



IN HISTORY. o I9 

should barbaric Christendom do but explode with volcanic 
glare and smoke, scoria and cataclysm of both nature and 
man until the rage should appease itself with blood and 
destruction? Now came Peter and Urban ; then Godfrey 
and the Lion Heart ; Barbarossa and Saint Louis. What 
were these? — what but the products of agencies working \ 
through three continents and compelling men to battle as 
the clouds are compelled by the winds. There, along all 
roadsides from the Alps to Antioch three million of the 
Crusaders piled their bones. It was the wreck of European 
fanaticism— a wreck of feudal elements thrown in bleach- 
ing lines, not bv the hands of man, but as the work of 
history. Was not the hermit born in Asia as much as in 
Europe? Did he lead the Crusade? or was he not rather 
himself, with all the rest — Baldwin, Raymond, Godfrey, 
Plantagenet, Red Beard, peasant, Pope, king — borne 
along on the turbulent flood rolling through the centuries, 
pursuing its own course and swallowing men like bubbles? 

Or mark the intellectual progress of the world. This 
also is accomplished by human agency ; but the men in 
whose brains the dawn-torches of the new centuries are 
carried are prepared for their places by the same laws 
which make them necessary. In no other light can the 
intellectual leaders of mankind be understood and inter- 
preted. The time came when the human mind demanded 
a new concept of the heavens and the earth. The old 
concept no longer sufficed. The Ptolemaic system of the 
planets and stars became a mock in the high courts of rea- 
son. Such a notion of the universe must be cast forth and 
thrown on the refuse heaps with all mythologies and lies, 
with all false notions of nature and goblins of the mind, 
there to decay with the offal of the ages. 

Order must be found and instituted in the skies, The 
epoch of discovery was first prepared; and then the dis- 
coverers. They were necessary in their season to fill the 



• 



-3H 



THE MAN 



expectation of the world. It was thus that history found 
Galileo and Copernicus. Afterwards she devised Newtoi 
and Laplace. These she commissioned to speak to men 
of new facts in the starry spheres, new worlds and suns, '■ 

and new laws for the government of ah. True it is that 
the great astronomers were the organs of intelligence, the 
teachers'of order, the evangelists of sublimity for all nun | 
and nations ; but they were themselves born into the world 
of an infinite paternity, and were developed by the com- 
pulsion of forces that had been working among mankind 
since the dawn of the civilized life. 

In like manner the old concepts of animated nature 
passed away. The intellect was no longer satisfied with 
those notions of irregularity, accident, lawlessness, and 
chance which had prevailed respecting all living beings and 
the laws of their creation. The mind demanded that the 
natural history of life be rewritten in intelligible language, 
and for this work she chose not only her age and her race, 
but also her man. A still small voice was heard above the 
roar and confusion of the nineteenth century. It was the 
voice of Darwin proclaiming a new law for man and nature. 
It was a voice that stirred the topmost branches of the tree of 
knowledge. It moved like a viewless sound through all the 
courts and corridors of civilization. It caught like an elec- 
tric spark in the understandings of men, and the prevailing 
crude opinions of the race respecting the phenomena of life 
were transformed into sublime and beautiful order. But 
Darwin himself was the product of his age. He was the son 
of England and Humanity. He was demanded and found 
and developed by antecedents and conditions as old as the 
revival of learning, as old as the curious speculations of 
the Greeks, as old as the spirit of inquiry in the bosom of 
mankind. 

The theme becomes an echo of itself. The illustrations 
of its truth spring from every age and from every phase of 



IN HISTORY. 



3*5 



human progress. The old concepts of statesmanship vanish 
horn the human mind ; and even the ancient view of ..philan- 
thropy is changed for a more rational concept of the good 
deeds and holy characters of men. Peace and war are no 
longer determined by the personal wills and puny arms of 
the actors in the conflict. 'Nations and peoples in all the r • 

forms of their activity and accomplishment are seen to be 
but the effects of causes— the offspring of the past. The 
heroic figures who impersonate their epochs, who express 
in their lives the highest thought and purpose of their 
centurv, are made by historical forces, are borne aloft for 
the brief day of their activity on the billows of the eternal 
seas. 

Thus came Cromwell out of the stormy bosom and 
motherhood of Anglo-Saxon England. The field of his 
activity had been long preparing, by armies and parlia- 
ments and kings, by religious insurrections, by battling 
opinions and the onset of races. His paternity extended 
through a millennium of time and fixed itself with a thou- 
sand roots among the institutions, tyrannies, and turbu- 
lence of the Dark Ages. William the Silent was also born 
out of the loins of a mighty and unknown fatherhood. He 
came with the blood of the Teutonic races, by the heroic 
struggles of their tribes, by the compulsion of instincts and 
trials which made freedom by sword and shield the war- 
cry of the primitive Germans and the inheritance of their 
descendants. I 

Washington, the serene Father of his country, was him- 
self the son of a larger country — the country of human 
liberty. He was the gift of destiny and Providence to an 
age whose hinder parts were still held in the meshes of 
feudalism. He was commissioned by a power above him- 
self to cut his country free from a tyrannous and despair- 
ing past. He was the sword and counseling voice of an 
epoch which nurtured him for his great office and gave 



•• - -•• 



INDIANA HISTORICAL SOCIETY PUBLICATION: 
VOLUME II. NUMBER 8. 



OUIATANON 



A STUDY IN INDIANA HISTORY 



BY 



OSCAR J. CRAIG, A. M., Ph. D. 

Professor History and Political Economy, Purdue University, Lafayette, Ind. 



INDIANAPOLIS: 
THE BGWEN-MEIiEILL COMPANY 
* 1893, 



3/7 



NOTE. 

The extracts from letters and documents given in this 

1 
study are quoted literally. No attempt is made to change 1 
v 1 

either spelling or grammatical arrangement, it should 

he noted, however, that such proper names as Wabash, 

Ohio and Ouiatanon were frequently written in different 

ways and had no fixed orthography until later years. 

I 

i 



(3i8) 



OUIATANON 



On the west side of the Wabash river and four miles 
below the present city of Lafayette is one of the historic 
spots of Indiana. It is the site of Post Ouiatanon. 1 A 
place where for nearly a century was maintained a trad- 
ing post and settlement. A place that, had it not been 
for the accidents of war, would still be known as the first 
permanent settlement in Indiana. 

La Salle was doubtless the first white man to cross the 
territor}' now included within the limits of the State. 
This bold voyageur was one of the most dauntless of the 
early French explorers. lie w r as educated as a Jesuit, 
but severed his connection with that order and came from 
France to Canada in 1666. The monks of St. Sulpice 
granted him a tract of land a short distance from Montreal, 
and this he named La Chine. 

La Chine served as a kind of frontier post for Montreal, 
and 4);ere La Salle proposed to establish the basis of his 
operations in the fur trade. While here he learned of the 
Ohio river from a band of Seneca Indians, and, being 
attracted by the descriptions of it, asked permission of the 
Canadian authorities to fit out an expedition for the pur- 
pose of exploring southward and west. This permission 
was granted. 

The first mention made of this expedition is by Patoalet, 
November 11, 1669. He says, '''Messieurs La Salle and 

1 Pronounced Yv r e-riht-ah-non. 

(319) 



' I 



320 OUT AT ANON. 

Dolier have set out accompanied b} r twelve men with a 
design to go and explore a passage they expect to dis- 
cover communicating with Japan and China." 1 

Talon, Intendant of Canada* imder elate of July, 1670. 
wrote to the king of France as follows: "Since my ar- 
rival I have despatched persons of resolution who promise 
to penetrate further than has ever been done. The one 
to the west and northwest of Canada and the others to 
the southwest and south. These adventurers are to keep 
journals in all instances, and reply on their return to the 
written instructions that I have given them ; in all cases 
they are to take possession, display the king's arms, and 
draw up proces verbaux to serve as titles."' 2 

We find that these expeditions were approved, for Col- 
bert, the French Minister, replies in February, 1671, 
"The resolution you have adopted to send Sieur de La 
Salle toward the south and Sieur de St. Lnsson toward 
the north in order to discover the passage to the South , 1 
Sea is very good, but the principal thing to which you | 

ought to apply yourself in these sort of discoveries is to 
look for the copper mine." 3 

The Sulpician monks joined with La Salle in fitting 
out this expedition and two of their number, Dolier and 
Galiinee, were appointed to act in concert with him. On 
the 6th of July, 1669, the combined parties, numbering 
seven canoes and twenty-four men, started from La 
Chine. Having passed Niagara Falls and reached a 
point not far from where Hamilton now stands, they met 
Joliet, who was returning from the northwest where he had 
been sent to investigate the Lake Superior copper mines. 
Joliet told them of the numerous Indian tribes in that lake 
region, who were without any knowledge of God. This 

1 N. Y. Ool. Doc. Vol. IX. Page 787. 
2 N. Y. Col. Doc. Vol. IX. Page 04. 
8 N. Y. Col. Doc. Vol. IX. Page 70. 



I 
QUI AT AN ON. X2i 

so influenced Dolier and Gallinee that they determined 
to give up trying to reach the Ohio and go to these tribes 
as missionaries. La Salle reminded them in vain of the 
fact that the Jesuits had already occupied that territory 
and would probably give them; the representatives of a 
different order, the order of St, Sulpice, very little en- 
couragement. 

The company separated, the priests going to the north-- 
west and J./ a Salle continuing in his purpose of reaching 
the Ohio, 1 He was successful, but how far down he fol- 
lowed it is a matter of some conjecture, probably as far as 
the rapids near the present, city of New Albany-, possibly 
as far as its junction with the Mississippi. It was then 
thought that the Ohio found its way into the Mississippi, 
and that the Mississippi emptied into the Vermillion sea, 
now called the Gulf of California. It was not until 1602, 
when La Salle descended the Illinois into the Mississippi, 
and from thence floated to the Gulf of Mexico, that: the 
true course of the Father of Waters was known. 

Concerning La Salle's movements after being deserted 
by the two Sulpicians, Dolier and Gallinee, two versions 
are given. These accounts are not contradictory, although 
they differ in some minor matters of detail and are prob- 
ably, for the most part, true. The first of these accounts 
is as follows : 

''Meanwhile M. de la Salle continued on his way by a 
river which runs from east to west and passed to Onon- 
daga, afterward to six or seven leagues below Lake Erie ; 
and having reached as far as the 280th or 283rd degree of 
longitude and to the 41st- degree of latitude, he found a 
rapid which falls to the west into a lowland, marshy, cov- 
ered with dead trees, of which there were some that were 
standing. He was obliged to take to the land, and, fol- 

'Parkmr.n. 



322 GUI AT All ON. 

lowing a ridge which led him a long distance, he found 
certain savages who told him that afar off from there the 
same stream which lost itself in this vast and low country 
reunited in a channel. He then continued his journey* 
but as the fatigue became very great twenty-three or 
twenty-four men who had followed him thus far quitted M 
him in one night, regained the river and made their way, 
some to New Holland and some to New England. He 
then found himself alone, four hundred leagues from home, 
whither he hastened to return, reascending the river and 
living by the chase and by herbs and by what the Indians 
that he met on the road gave him." 1 

The other is an account given by La Salle himself. It is 
found in a memoir addressed to the king. In this memoir 
he asks for certain privileges, and recounts his explora- 
tions, speaking of himself in the third person. 

"In the year 1667, and those following, he made divers 
voyages with much expense in which lie for the first time 
explored many countries to the south of the great lakes 
and among others, the great river of Ohio ; he followed it 
to a place where it empties into vast marshes at the lati- 
tude of 37 degrees, after having been increased by another 
river, very large, which comes from the north ; and all 
these waters discharge themselves according to all appear- 
ances into the Gulf of Mexico. " 

Some of the statements m these accounts are evidently 
inaccurate ; as, for instance, the geographical situation as 
regards latitude and longitude. Enough, however, is be- 
yond controversy to establish the fact that La Salle dis- 
covered the Ohio river and coasted the southern shores of 
Indiana. 

From the above accounts it might readily be inferred 
that La Salle discovered the upper Mississippi. His friend 



is 



'Margry. Vol.1. Pages 377-378. 



QUI AT AN ON. 323 

have made that claim and pushed it with considerable per- 
sistency but the lienor of this discovery is usually conceded 
to Joliet. Even if La Salle did follow the Ohio to its mouth, 
lie never realized the situation and never claimed the honor 
of having discovered the Mississippi ; something he surely 
would have done had he considered himself entitled to that 
distinction. 

The French, claimed the beautiful river because La Salle 
discovered it. In his instructions to M. Du Quesne under 
date of 1752, the following passage occurs : "The river 
Ohio, otherwise called the Beautiful River,, and its tribu- 
taries belong indisputably to France, by virtue of the- dis- 
co very by Sieur de la Salle, of the trading posts the French 
have had there since, and of possession, which is so much 
the more unquestionable as it constitutes the most frequent 
communication from Canada to Louisiana. It is only 
within a few years that the English have undertaken to 
trade there ; and now they pretend to exclude us from it."* 

In a letter of private instructions to M. Vaudreuil, dated 
Versailles., 1755, it is affirmed that " It is only since the 
last war that the English have set up claim to the territory 
on the Beautiful River, the possession whereof lias never 
been disputed to the French, who have always resorted to 
that river since it was discovered by Sieur de La Lassalle." 2 

That the Canadian authorities regarded La Salle's ex- 
pedition as of great importance, is shown by a letter written 
to M. Talon. lie says, ;< Sieur de La Salle has not yet 
returned from his journey to the southward of this country. 
But Sieur de St. Lusson is returned after having advanced 
as far as five hundred leagues from here, and planted the 
cross and set up the king's arms in presence of seventeen 
Indian nations, assembled on this occasion from all parts. 



»N. Y. Col. Doc Vol. X. Page 243. 
*N. Y. Col. Doc. Vol. X. Ease 292 



324 OUIATANON. 

All of whom voluntarily submitted themselves to the do- 
minion of his majesty, whom alone they regard as theiT 
sovereign protector." 1 This ceremony was performed at 
or near the falls of the St. Mary between Lake Karon and 
Lake Superior. 

The desire of the French to secure trading posts and 
military stations in the Ohio valley, and thereby to secure 
the commerce of the Indians in that quarter is well set 
forth in a narrative of the voyage of Governor Courcelles 
of Canada, in 167 1. It is as follows: "Wherefore some 
means were sought a long time ago to prevent the Iroquois 
going to New JKetherland to trade, and the best assuredly 
would be to establish a post as far up as the mouth of the 
Ontario to command the pass through which this people 
go to trade when returning from the chase, and thus 
the French would absolutely control it. For this purpose 
it was necessary to reconnoitre the place, examine the 
most convenient sites and the finest land, and this the ■ 1 
Governor has done in this voyage. I shall add here a 
reason for this voyage of no trifling importance. Two I 

years ago, two ecclesiastics left here [to visit] divers Indian 
nations situated along a great river, called Ivy the Iroquois 
Ohio, and by the Outaouas Mississippi. Their design did 
not succeed owing to some inconveniences very usual in 
these sort of enterprises, They learned, however, from 
these advances they made toward the river that it was 
larger than the river St. Lawrence, that the tribes settled 
along its banks were very numerous, and that its ordinary 
course was from east to west. After having carefully ex- 
amined the maps we have of-JSTew Sweden, of the Floridas, 
•of Virginia and Old Mexico, I did not discover any river 
mouth comparable to that of the St. Lawrence. This 

leads us to think that the river of which we speak disem- 

_ I 

1 N. Y. Col. Doc. Vol. IV. Page 72. 



i 



QUIATANON. Q?X 

° ° : 

bogues into another sea — to determine which I leave to 
the judgment of the more learned. Nevertheless it is 
probable that it waters those countries toward New Spain, j 
which abound in gold and silver." 1 

The year following La Salle's discovery of the Ohio he j 
seems to have passed around through lakes Huron and 
the straits of Mackinac into Lake Michigan, From its 
southern extremity he found his way to the Illinois. On 
his return he kept farther south and crossed Indiana near j 
the marshes of the Kankakee. Only a few years later we ! 
find him familiar with the passage up the St. Joseph and 
down the Kankakee into the 1 Illinois* In 1679 ^ a Salle 
built Fort Miami's at the mouth of the St. Joseph river, in 
Michigan. After ascending the St. Joseph to a portage 
which led across to the Kankakee, in company with 
Tonty, Father Hennepin and thirty-one other followers he J 
passed down the Kankakee into the Illinois, and landing 
below Peoria Lake built Ft. Crevecoeur. [Broken Heart.] 1 I 
This place was so named on account of the loss of the 
Griffin, a vessel, he had built for use in carrying his sup- 
plies and merchandise on the lakes. This vessel had just 
been wrecked, either by accident or by the treachery of | 
the pilot. 

Father Hennepin wrote a description of the building of 
Fort Miriinis, which incidentally sheds a great deal of 
light on those early da} r s. He says just at the mouth of 
the river Miamis there was an eminence with a kind of 
platform naturally fortified. It was pretty high and steep, 
of a triangular form, defended on two sides by the river 
and on the other by a deep ditch which the fall of the wa- 
ters had made. We felled the trees that were on the top of 
the hill, and having cleared the same from bushes for 
about two musket shot we began to build a redoubt of 

1 N. Y. Col. Doc. Vol. IX. Page 82. 



tl 



326 OUMTA'NON. 

3 
1 

eighty feel long and forty feet broad with great square 
pieces of timber laid one upon another, and prepared a 
great number of slakes of about twenty-five feet long to 
drive into the ground to make our fort the more accessible 
on the river side. We employed the whole month of No- 
vember (1679) shout that work, which was very ]\;w(], 
though we had no other food but the bear's flesh our sav- 
age killed, These beasts are very common in that place 
because of the great quantity of grapes they find there; but 
their flesh being too fat and luscious our men began to be 
weary of it, and desired to go hunting to kill some wild 
goats. M. La Salle denied them that liberty, which 
caused some murmurs among them, and it was but unwil- 
lingly that they continued their work. This, together 
with the approach of winter and the apprehension that M. 
La Salle had that his vessel was lost made him very mel- 
ancholy^ though he concealed it as much as he could, We 
had made a cabin Wherein we performed divine service 
every Sunday, and father Gabriel and I, who preached 
alternately, took care to take such texts as were suited to 
our present circumstances, and fit to inspire us with cour- 
age, concord and brotherly love." 

That La Sajle continued to trade in the waiters of the 
Ohio, the Wabash, and their tributaries is not only a natural 
thing, to expect but is evidenced by a memoir of Denon- 
ville, on the French limits in North America, in which the 
passage occurs. "For the continuation of which trade he 
caused a fort and buildings to be erected and a bark to 
be began at a place called Crevecoeur in order to proceed 
as far as the said South Sea, two-thirds of which bark 
only were built, the said de la Salle having afterward em- 
ployed canoes for his trade in said countries, as he had 
already done for several years in the rivers Oyo, Ouabache 
and others in the surrounding neighborhood which flow into 
the said Mississippi river, whereof possession had been 



QUIA TAX ON. 327 

taken by him in the king's name, as appears by the rela- 
ti n s m a d e t h ereofl ' ?1 

In 1683 ^' a Salle established an Indian Confederacy on 
the Illinois river at Fort St. Louis. The purpose of this 
confederacy was to protect the French commercial inter- 
ests in the west and to defend their Indian allies from the 
attacks of the Iroquois. The Iroquois nation had been, as 
a rule, friendly to the English and hostile towards the 
French, From their country in New York they were in 
the habit of making incursions further west in search of 
furs or on the war-path against other tribes. Sometimes 
these expeditions extended almost to the Mississippi. Dur- 
ing the time of this confederacy Indiana was almost en- 
tirely denuded of the Indian population, as the tribes in 
this locality were friendly to the French and emigrated to 
Fort St. Louis, 

Between 167 1 and 1683, the time of the founding of the 
confederacy, it is extremely probable that fur traders vis- 
ited the state, but it was not until the confederacy was 
broken up and the Indians had returned and relocated 
that trading posts were established. Ouiatanon, the sub- 
ject of this sketch, was one of the first of these, on ac- 
count of its favorable situation. It is located at that point 
on the Wabash where the lighter barks and canoes that 
were used in the carrying trade between Canada and the 
southwest by way of the Miami and .the Little Wabash 
were changed for larger ones to be used on the deeper 
waters of the lower Wabash and the Ohio. 

A reference to the map of Indiana wall show that by as- 
cending the Little Wabash the portage across to the St. 
Mary's and the Maumee was very short. 

This post was to the Indians and fur traders of that day 
the head of deep water navigation, just as in later years 



'N. Y. Col. Doc . Vol. IX. Page 383. 



328 OVIATAXON. 

and before the days of railroads Lafayette, only foin 
miles above it, was known as the head of steamboat navi- 
gation on the Wabash.. | 

In addition to the facilities for trade already mention* d, 
there were other considerations that made Ouiatanon a 
favored locality. It was situated near the mouth of the 
Wea river, a place where fish of many kinds were very 
plentiful. Near by was to be found a fertile soil, easy of 
cultivation and well adapted to the simple agricultural 
methods of the times. Within easy distance were to be 
found extensive prairies and thickly wooded forests each 
supplying its own particular kinds of game. It would 
be difficult to imagine a place better suited to purposes (^( 
trading post and settlement than was this one. While I 

easy of access yet within signaling distance were eleva- 
tions that commanded a view of the country in all direc- 
tions. . i 

It was one of the early traditions that valuable mines 
existed somewhere in this vicinity — mines of silver, of 
copper and of coal. Some of these traditions have come 
down even to the present generation. But no such mines 
have ever been found to exist near this locality . 

Recently prospectors are said to have found coal a few 
miles above and near the mouth of the Tippecanoe river, 
But no mines have yet been developed. J j 

Before the year. 17 18 we find that the O.uiatanons, after 
which tribe the post was named, were located in this 
neighborhood. They r had once lived west of the Missis- 
sippi and at another time in the region of the Great Lakes. 
They were related to the Miainisand helped to form the 
great Miami Confederacy. They had moved to Fort St. 
Louis, and were a part of La Salle's colonv, but on the as- 
sassination of La Salle and the disbanding of that confed- 
eracy gradually made their way to the Wabash and estab- 
lished themselves at this place. 



QUI AT ANON. o 2Q 

A French writer thus describes Ouiataiaon in 1718 : 

"This liver Ouabache is the one on which the Ouyata- 
nons are settled. The)' consist of five villages which are 
contiguous, the cue to the other. One is called Oujata- 
non, the other Peanguichias, and another Petitscotias and 
the fourth Les Gros. The name of the last I do not recol- v I 
led, but they are all Oujatanons, having the same language 
as the Miamis, whose brothers they are and properly 
all Miamis, having all the same customs and dress. The 
men are very numerous, fully a thousand or twelve hun- 
dred, They have a custom different from all the other 
nations which is to keep their fort clean, not allowing a 
blade of grass to remain in it. The whole of the fort is 
sanded like the Tuilleries. * * * Their village is situ- 
ated on a high hill and they have over two leagues of im- 
provements, where they raise Indian corn, pumpkins and 
melons. From the summit of this elevation nothing" is 
visible to the eye but prairies full of buffaloes. Their play. 
and dancing is incessant. All these tribes use a vast 
quantity of vermillion. The women wear clothing; the 
men very little." 1 

This description of the character of the soil and the ele- 
vation of the country is exceedingly accurate. The soil 
is a Joose sand and peculiarly adapted to the products 
named, especially the melon. From a point of land a 
short distance from the place occupied by the fort the view 
is one of the finest. To the left the Wea Plains and the 
city of Lafayette, as far as the eye can reach in front are 
prairies dotted here and there with groves of timber; to 
the right, the Wabash valley extends indefinitely. 

The French, in order to counteract the influence o( the 
English and to keep their ascendancy over the Indians, 
established a military post at Ouiatanon in 1719 or 1720. 

i 

l N. Y. Col. Doc. Vol. IX. Page 891. 



330 01 A 7' AN ON. 

Under date of October 28th, j 719, Vaudreuil, Governor of 

Canada, wrote to the Council of Marine: "I learn froii 

the last letters that have arrived from the Miamis thai 

Sieur de Vincennes having died in their village these 

Indians had resolved not to move to the river' St, Jose] h 

and to remain where they are. As this resolution is verv 

'i 
dangerous on account of the facility they will have of 

communicating with the English, who are constantly dis- 
tributing belts in secret among all the nations to attract 
them to themselves by means of certain Iroquois runrien* 
and others in their pay, I had designed Sieur Dubuissou 
for the command of the post of Oujaianons and that lie 
should on £oin£ thither employ his credit among the 
Miamis so as to determine that nation to proceed to the 
river St. Joseph, or, if not willing to leave that it should 
remain at its place of residence in order to counteract the 
effect of all those belts it was too frequently receiving 
and which, as they caused eight or ten Miami canoes to 
go this year to trade at Orange, might finally induce all 
that nation to follow their example/ 1 1 

It is probable that the garrison did not reach the post 
before 1720. The exact location of this fort has been a 
matter of much dispute, but a careful investigation of 
maps and descriptions of the post as well as the recent 
finding; of material such as Jesuit crosses, vessels used in 
church service, })elts, buckles and fragments of other 
military equipments fix its position beyond a reasonable 
doubt. The French *fort was placed upon the site of the 
"sanded" Indian fort already described. Both French 
and Indian relics are found here, and although the sur- 
face of the ground has been considerably changed by the 
washing of the sandy soil the general outlines of the fort 



J N. Y. Col. Doc. Vol. IX. Page 894. 



OUIATANON. 331 

may yet be distinguished by the careful observer. 1 Pest 
Ouiatation on the site of the old Indian fort, the Ouiata- 
non town on the south side of the "Wabash river and a 
few miles lower down, and Kethtippecanunk several 
miles above and near the mouth of the Tippecanoe river 
are not always clearly distinguished from each other by 
writers on early western history. 

The description of the fort already quoted from a 
Canadian record, the description to be given later on by 
General Scott and Lvy General "Wilkinson are accurate 
when applied to the fort as located above, but will not ap- 
ply to the other localities, 

7ne first French Commandant then at Ouiatanon was 
Dubuisson, hut he was soon succeeded by Francois Morgan, 
a nephew of the Sieur de Vincennes, already mentioned, 
who at his uncle's death, succeeded to the title. Francois 
Morgan, the new Sieur de Vincennes remained in charge 
of the fort for several years. 

At this time the h French ruled their possessions in the 
new world from two centers, Canada and Louisiana. 
After Francois Morgan had succeeded to his uncle's title, 
he was induced by a consideration of three hundred iivres 
in addition to his salary as Lieutenant on half pay, to trans- 
fer his allegiance from the Governor of Canada to the 
Governor of Louisiana. Leaving Ouiatanon he proceeded 
down the river to the Indian village of Chipkawkay, and 
there established a military garrison, This was known 
for a long time simply as the Fort on the Wabash. It is 
not until 1752, that we find the name Vincennes applied 
to it. This fort should be carefully distinguished from 
Fort St Vincent on the lower Ohio, established by Juc- 



1 Many French and Indian relics found hero have been collected 
£j;d deposited in the museum of Purdue University by Mr. Robert 
Hatcher, of Lafayette, Iud. ! 



332 



OUIATANON. 



hereau, in 1702, and disbanded in 1704 by Lambert, 1 who 
had succeeded to the command at'juchereau's death. The 
fact that the lower Ohio was frequently called the Ouabache I 
doubtless \^d to the error of considering these two posts as | 
the same. , I 

In 1736, in an attempt to defeat the Chickasaws and . J 
English, the noble Commandant Sieur de Vincennes was 
killed. The French, assisted by the Illinois Indians, were 
unable to cope with the combined forces of English and 
Chickasaws. "Vincennes died nobly, cheering on his 
men and urging them to be worthy of their country and of 
their religion." 2 After Sieur de Vincennes had taken 
service under the Governor of Louisiana, Ouiatanon re- 1 
ceived other French garrisons and continued to be one ot 1 
the most important of their frontier settlements. Beau- § 
harnois, writing to Count Maurepas in 1 73 1 , says: "I I 
have continued to give orders to the commanding officers I 
in the neighborhood of the river Ouabache to be on the I 
lookout for every attempt the English might make in that § 
quarter." And again, in 1732, he writes : i; I have had 3 
no further intelligence, my lord, of the latter having at- 1 
tempted to make an establishment in the neighborhood of 1 
the river Ouabache. The order I issued some years ago 1 
and which I have renewed this year, will have apparently | 
.diverted them from any views they manifested to estab- 
lish themselves there." 3 

In 1744 Beauharnois wrote : "On receiving intelligence, 
this spring, of the different settlements and magazines the 
English have formed on the Beautiful River, I issued my 
orders and sent belts to the Detroit nations to drive them 
thence by force of arms and to plunder the stores they have 

1 Dunn. Page, 39. 

2 Dillon's History of Indiana. 

3 N. Y. Col. Doc. Vol. IX. Page 1035. 



OUTATANOX. 333 

there. I gave like orders to the commandant among the 
Ouiatanons and the Mi-arms." 1 

In the journal of important events in Canada, for the 
year 1747; it is recorded that Ensign Chevalier de la Pey- 
rade, commandant of the post of the Ouiatanons, writes 
from Detroit on the 24th of August "that he was on his 
way down to Montreal with the nations from the Ouabache 
when he learned in the Miami river of the treachery of the 
Hurohs : that this intelligence, conjointly to other circum- 
stance^, obliged those nations to return to their village, 
where they were pretty quiet when he left them to come to 
Detroit, where he is waiting for news from Niagara 
to return to the Ouiatanons to continue his service 
there." 2 

The same journal, under the date of January 29, 1748, 
makes the following statement, after saying that thirty 
Frenchmen had been 'sent from Detroit to Ouiatanon by 
Mr, de Lonp'ueuil, the commandant: ''That as some of 
our people remain among the Ouiatanons, where even 
■some families are settled, he did not consider it right to 
abandon countries where no disorder has occurred and 
where great disturbances break out in the absence of as- 
sistance." 3 

In a communication to M. de Rouille, dated April 21., 
i'75 l i M« de Longeueuil, commandant at Detroit, says: 
■'Mr; de Ligneris, commandant at the Ouiatanons, be- 
lieves that great reliance is not to be placed on the Mas- 
eouten's, and that their remaining neutral is all that is to 
be expected from them and the Kiskapous ; he even adds, 
we are not to reckon on the nations which appear in our 
interests. No Ouiatanon chief has appeared -at the post 

m. Y. Col. Doc. Vol. IX. Page 1105. 
2 X Y. Gol. Doc. Vol. X. Page 139. 
3 X. Y.Col. Doe. Vol. X. Page 189. 






334 OUIATANON, 

fur a Jong time, although they had promised to inform ir 
of all that they knew." 1 

The settlement at Ouiatanon did not increase as mu< i 
in numbers as some others for the reason that the com- 
mandants, did not make any grants of land to settlers , 
was done in other places. There is the record of a bapti 
mal service performed in 1752. The certificate was foun< 
among other papers in the Catholic church at Vincennes. 
The French officer in charge of the fort was usually styled 
captain of infantry and commandant for the king. 

When in 1760, at the surrender of Montreal, Canada 
passed into the hands of the English, it was also agreed 
that the French troops should be withdrawn from the posts 
in the Mississippi valley. British officers were sent to 
take command. Ouiatanon thus passed into the hands oi 
the English, and the double cross of St. Andrew and St. 
George took the place of the lilies of France. 

At the beginning of Pontiac's War, Lieutenant Jenkins, | 

of the British army, had charge of the fort. On June 1, 
1763, the Indians by stratagem took the place and made 
Lieutenant Jenkins and his men prisoners. It had been 
planned to massacre the entire garrison, but through the 
intervention of some Frenchmen who lived near the fort, 
their lives were spared and they were well treated. 1 

In a letter to Gladwyn, at Detroit, Lieut. Jenkins thus 
explains the situation that has befallen him. | 

< 4 Ouiatanon, June 1, 1763, 1 

"Sir: I have heard of your situation which gives me 1 
great pain ; indeed, we are not in much better, for this 
morning the Indians sent for me to speak -tc me and im- 
mediately bound me when I got to their cabbin, and 1 
soon found some of my soldiers in the same situation. 
They told me Detroit, Miamis and all of them posts were. 

a 

J N. Y. Col. Doc. Vol. X. Page 246: 



OUIATANON. o. K 

cut off, and that it was folly to make any resistance ; there- 
fore they desired me to make the few soldiers who were in 
the fort surrender, otherwise they would put us all to 
death in case a man was killed. They were to have fell 
on us and killed us all last night* but Mr. Maisonvi-lle and 
Lorain gave them wampum not to kill us, so when they 
told the interpreter we were all to be killed and he, know- 
ing the condition of the fort beg'd of them to make us 
prisoners. They have put us into French houses and 
both Indians and French use us very well. All these na- 
tions say the}' - are very sorry but that they were obliged 
to do it by the other nations. The belt did not arrive here 
until last night about 8 o'clock. Mr. Lorain can inform 
you of all. Just now received the news of St. Joseph's 
being taken ; eleven men killed and three taken prisoner 
with the officer. I have nothing more to say but that I 
sincerely wish you a speedy succor, and that wo may be 
able to revenge ourselves on those that deserve it, 

"I remain, with my sincerest wishes for your safety, 

i ' Edward Jenkins . 

"N. B. — We expect to set off in a clay or two for the 
Illinois." 1 . 

In this expectation the Lieutenant was disappointed, for 
there is record of a letter written by him from Ouiatanon 
the last of the next month. 

In a report of Sir William Johnson, Governor of Can- 
ada, under date of November 18, 1763, he states that the 
Kickapoos, Mascoutens, Pyankeshaws and Ouyatanons 
reside in the neighborhood of the post at Ouiatanon and 
about the Wabash river, having many tribes and villages. 
In a letter to the Board of Trade he thus describes the 
ill-feeling existing between the English and the French 
and Indians. "Several French families of the worst sort 



'Parkman Conspiracy of Pontiac, Vol. 1. Page 27< 






36 OUIATANON, 



live at the Miamis and several at Ouiatanon, and in short 
at all other places where they formerly had posts or trad- 



- 
ing houses, and such is the credulity of the Indians thai 
although they may find themselves repeatedly deceived 
by such reports they will still give them credit from their 
blind partiality for the French. The possession would in If 
some measure, but not absolutelj- check this villainy, "I 
hope that Colonel Croghan is far advanced on the way 
thither the last account I had from him mentions his be- 
ing at Fort Pitt." 1 

The deceptive reports referred to in the letter had ref- 
erence to the continuation of the war by the French. 
Colonel Croghan arrived at Fort Ouiatanon, but not ex- 
actly in the way anticipated by Sir William. On leaving 
Fort Pitt, he passed on down the Ohio, and when about 
six miles below the mouth of the Wabash was caotured 1 
and taken first to Vincennes afterward to Ouiatanon. Af- 
ter reaching the latter place he was set at liberty and ■ 
treated with great respect. 

While at Ouiatanon he received a message from the 
French commandant, St. Auge, who still held the garri- 
son at Fort Chartres, the English not having up to this 
time sent a garrison to take control. In response to this 
message he started at once for Fort Chartres, but soon 
met Pontiac, who with a number of Indians was on his 
way to Ouiatanon. Together they returned to the post, 
and the preliminary treaty looking to the closing of Pon- | 
tiac's War was arranged. 

The Colonel in speaking of Pontiac says, <6 I made it 
my duty to converse with Pontiac and several of the chiefs 
of the different nations as often as opportunity offered in 
order to find out the sentiment they have of the French 
and the English. Pontiac is a shrewd sensible Indian of 

l K. Y. Col. Doc. Yol.YII. Page 716. 



OUIATANON. 337 

few words, and commands more respect among these na- 
tions than any other Indian I ever saw could amongst his 
own tribe. He and all his principal men of these nations 
seem at present to be convinced that the French had a 
view of interest in stirring up the late differences between 
his majesty's subjects and them and call it a beaver war, 
for neither Pontiac nor any of the Indians I met with ever 
pretend to deny that the French were at the bottom of the 
whole, and constantly supplied them with whatever they 
needed as far as in their power, everywhere through that 
country. Notwithstanding they are at present convinced 
that it was for their own interest^ yet it has not changed 
the Indian's affection to them. They have been bred up 
together like children in that country, and the French 
have always adopted the Indian customs and manners, 
treated them civilly and supplied their wants generally by 
which means they gained the hearts of the Indians, and 
commanded their services and enjoyed a very large fur 
trade. 1 ' 1 

Much the same sentiment in regard to the relations of 
the French and Indians had been expressed in a letter 
written from Ouiatanon in 1763, and quoted by Parkman. 
44 The Canadians here are eternally telling lies to the 
Indians * * * One La Pointe, told the Indians a few 
days ago that we should all be prisoners in a. short time 
(showing when the corn was about a foot high), that there 
was a great army to come from the Mississippi, and that 
they were to have a great number of Indians with them ; 
therefore advised them not to help us, that they would soon 
take Detroit and these small posts, and then they would 
take Quebec, Montreal, etc., and go into our country, 
This I am informed they tell them from one end of the 
vear to the other. He adds, "that the Indians will rather 

1 Col, Doc. Yob YTI. Pa^e 787. 



338 OUIATANON. 

give six beaver skins for a blanket to a Frenchman tliau 

three to an Englishman." 1 

Colonel Croghan, while at Ouiatanon, described it as 
follows: "The distance from Post Vincent to Ouiatanon 
is two hundred and ten miles. This place is situated on 
the Wabash, About fourteen French families are living 
in the fort, which stands on the north bank of the river. 
The Kickapoos and Musquattimes, whose warriors had 
taken us, live nigh the fort on the same side of the river, 
where they have two villages, and the Ouiatauons have a 
village on the south side of the river. The country here- 
about is exceedingly pleasant, being open and clear for 
many miles. The soil is very rich and well watered. 
All plants have a quick vegetation, and the. climate is very 
temperate. This post has always been a considerable 
trading place. The great quantity of furs taken in trie 
country induced the French to establish this post, which 
was the first on the Wabash, and by a very advantageous 
trade they have been nobly recompensed -for their labor.'"' 

From the post Colonel Croghan passed on through the 
Indian tribes to Detroit, and there the permanent treaty 
was signed with, Pontiac, the preliminaries of which had 
already been arranged at Ouiatanon. 

In Hxitchin's Topographical Description the following 
occurs: ''Ouiatanon is a small stockaded fort on the 
western side of the Wabash, in which about a dozen fami- 
lies reside. The neighboring Indians are the Kickapoos, 
Pyankeshaws and the principal part of the Ouiatanons. 
The whole of these tribes amount, it is supposed, to about 
one thousand warriors. The fertility of soil and diversity 
of timber in this country are about the same as in the 
vicinity of St. Vincient. The annual amount of skins 
and furs obtained at Ouiatanon is about £8.000. By the 



1 Parkman's Conspiracy of Pontiac. 

5 Groghan's Journal, Hist, of Ky. Butler. 



OUIATANON. 33c) 

river Wabash [he inhabitants of Detroit move to the south- 
era parts of Ohio and the Illinois country. This route is 
by the Miami river to a carrying place, which, as before- 
stated, is nine miles to the Wabash, when the river is 
raised with freshes." 

In a review of the state of trade and Indian affairs in 
1767, Sir William Johnson, Governor of Canada, states 
that Ouiatanon in one of the desirable trading" posts of the 
West and that he contemplates patting a garrison there. 
There had been no garrison since Pontiac's War and the 
capture of Lieutenant Jenkins. The place now began to 
be distinguished more as an Indian rendezvous than as a 
trading point, although white families continued to reside 
here and the amount of trade was considerable. Lieut, 
Gov. Abbot, in a report dated 1777, says : "The Wabash 
is perhaps one of the finest rivers in the world. On its 
banks are several Indian towns, the most considerable of 
which is Ouiatanon, where it is said there are a thousand 
men capable to bear arms. I found them so numerous and 
so needy that I could not pass without great expense. The 
presents though very large were in a manner despised. 
They said their ancient French father never spake to them 
without a barnful of goods." 

In 1785 there was a big powwow at the post. At this 
meeting the Indians decided to stop the advance of the 
whites northwest of. the river Ohio. The result was that 
in attempting to carry out their design a few whites were 
killed and a general Indian war became imminent. This 
was. prevented, however, by the movements of Captain 
Logan and Colonel Clark. 

Antoine Gamelin was sent from Vincennes in April, 
1790, to convey messages to the Indians on the Wabash. 
It was his object to dissuade them from war and to eneour- 



34-0 OUIATANON. 

age peaceful relations. After he had made his talk at 
Fort Ouiatanon, a chief replied, "Know ye that the vil- 
lage of Guiatanon is the sepulcher of all our ancestors. 

The chief of America invites us to go to him if we are for 
peace. He has not his leg broken being able to travel a . - 
far as the Illinois. He might have corne here himself, and 
we would be glad to see him at our village. We confess 
that we accepted the ax, but it is by the reproach thai, we 
continually receive from the English and other nations that 
received the ax at 'first, calling us women. At the pres- 
ent time they invite our young men to war. As to the 
old men they are wishing for peace." 1 The Indians re- 
fused to give Gamelin any positive answer until they had 
consulted with their kinsmen, the Mlamis. From Ouiata- 
non he passed on to the Miamis and other tribes, 'nut hi:, 
efforts were in vain, for the Indians continued to be hos- 
tile and to commit depredations on the exposed settle- 
ments near the Ohio. An expedition was planned against 
them and put under General Scott, with the following as a 
part of his instructions: "The mounted volunteers are to 
proceed to the Wea or Ouiatanon. towns of Indiana, there 
to assault the said towns and the Indians therein either by 
surprise or otherwise, as the nature of circumstances may 
admit— sparing all who may cease to resist, and capturing 
as many as possible, especially women and children. And 
on this point it is the positive orders of the President 6i 
the United States that all such captives be treated with 
humanity and that they be carried and delivered to the | 
commanding officer of some post of the United States on 
the Ohio." | 

Pursuant to his instructions, General Scott, with his eight 
hundred mounted men, crossed the Ohio and marched to- 
wards Ouiatanon. On the first day of June he reached the 

1 Dillon's Indiana. Page 228. 



OUIATANON. 



34* 



villages on the south side of the Wabash. In his official 
report, after describing the march from the Ohio and his 
approach to the scene of action, lie says : i 'On the morn- 
ing of the first instant, as the army entered an extensive^ 
prairie } I perceived an Indian on horseback a few miles to 
my right. I immediately made a detachment to intercept 
him ; but he escaped. Finding myself discovered, I de- 
termined to advance with all the rapidity my circumstances 
would permit, rather with the hope than the expectation of 
reaching the object sought that day ; for my guides were 
strangers to the country which I occupied. At one o'clock; 
having marched by computation one hundred and fifty- five 
miles from the Ohio, as I penetrated a grove which bor- 
dered on an extensive prairie I discovered two small 
villages to my left at two and four miles distance. 

"My guides now recognized the ground and informed 
me that the main town was four or five miles in my front 
behind a point of woods which jutted into the prairie. I 
immediately detached Colonel John Hardin with sixty 
mounted infantry, and a troop of light horse under Captain 
McCoy, to attack the villages on the left, and moved on 
briskly with my main bod} r in order of battle toward the 
town, the smoke of which was discernable. My guides 
'were deceived with respect to the situation of the town ; 
for instead of standing on the edge of the plain through 
which I marched I found it on the low ground bordering 
on the Wabash. On turning the point of woods one house 
presented in. my front. Captain Trice was ordered to as- 
sault that with forty men. He executed the command with 
great gallantry and killed two warriors. 

"When I gained the summit of the eminence which over- 
looks the villages on the banks of the Wabash, I discovered 
the enemy in great confusion endeavoring to make their 
escape over the river in canoes. I instantly ordered Lieu- 
tenant-Colonel Commandant Wilkinson to rush forward 



3^2 Oil] AT ANON. 

with the first battalion. The order was executed with 
promptitude, and this detachment gained the bank of the 
river just as the rear of the enemy had embarked, and, 
regardless of a brisk fire kept up by a Kickapoo town on v 1 
the opposite bank, they, in a few minutes, by a well directed 
fire from their rifles, destroyed all the savages with which 
five canoes were crowded. To my great mortification the 
Wabash was many feet beyond fording at this place. I 
therefore detached Colonel Wilkinson to a ford two miles 
above which my guide informed me was more practicable. 

"The enemy still kept possession of the Kickapoo town. 
I determined to dislodge them ; and for that purpose or- 
dered Captain King's and Logsdon's companies to march 
down the river below the town and cross under the conduct 
of Major Barbee. Several of the men swam the river and 
others passed in a small canoe. This movement was un- , j 

observed and my men had taken post on the bank before 
they were discovered by the enemy who immediately 
abandoned the village. About this time word was brought 
me that Colonel Hardin was encumbered with prisoners 
and had discovered a stronger village further to my left 
than those I Had observed, which he was proceeding to 
attack. I immediately detached Captain Brown with his 
company to support the colonel ; but the distance being 
six miles, before the captain arrived the business was done, 
and Colonel Hardin joined me a little before sunset, hav- 
ing killed six warriors and taken fifty-two prisoners. Cap- 
tain Bull, the warrior who discovered me in the morning, 
had gained the main town and given the alarm a short 
time before me ; but the villages to my left were unin- 
formed of my approach and had no retreat. 

"The next morning I determined to dispatch mv lieu- 
tenant-colonel commandant with five hundred men to de- 
stroy the important town of Keth-tip-e-ca-nunk, eighteen 
miles from my camp, and on the west side of the Wabash ; 



OUIATANON • 343 

but on. examination I found my men and horses to be so 
crippled and worn down by a long and laborious march 
and the active exertions of the preceding day that three 
hundred and sixty men only could be found in a capacity 
to undertake the enterprise, and they prepared to march ' 
on foot. Colonel Wilkinson marched with this detach- 
ment at half past five in. the evening and returned to my 
camp the next day at one o'clock, having marched thirty- 
six miles in twelve hours, and destroyed the most important 
settlement of the enemy in that part of the federal territory. 

"Many of the inhabitants of this village were French, 
and lived in a state of civilization. By the books, letters 
and other documents found there, it is evident that place 
is in close connection with, and dependent on, Detroit. A 
large quantity of corn, a variety of household goods, pel- 
try and other articles were burned with this village, which 
consisted of about seventy houses, many of them well 
finished. 

"Misunderstanding the object of a white flag which ap- 
peared on an eminence opposite to me in the afternoon of 
the first, I liberated an aged squaw and sent her with a 
message to the savages, that if they would come in and 
surrender their towns would be spared and they should re- 
ceive good treatment. It was afterwards found that ibis 
flag was not intended as a signal of parley, but was placed 
there to mark the spot where a person of distinction among 
the Indians, who had died sometime before, was interred, 

* c On the fourth, I determined to discharge sixteen of 
the weakest and most infirm of my prisoners with a talk 
(written) to the Wabash tribes. My motives to this meas- 
ure were to rid the army of a heavy incumbrance, to gratify 
the impulses of humanity, to increase the panic my opera- 
tions had produced, and, by distracting the councils of the 
enemy, to favor the views of government ; and I flatter my- 
self these objects will justify my conduct and secure the ap- 






-44 GUI AT AXON. 

probation of my country. On the same day. after havin'» 
burned the town and adjacent villages, and destroyed ii,. : 
growing- corn and pulse, I began tny march for the rapids 
of the. Ohio 5 where I arrived on the fourteenth of Junc, v 
without the loss of a single man by the enemy and five only 
wounded ; having killed thirty- two, chiefly warriors of size 
and figure, and taken fifty-eight prisoners. I 

"It is with pride and pleasure I mention that no act of in- 
humanity has marked the conduct of the volunteers of 
Kentucky on this occasion. Even the inveterate habit 
of scalping the dead has ceased to influence. I have de- 
livered forty-one prisoners to Captain. Asliton, of the First 
United States regiment at Fort Steuben, for which I have 
his receipt. I sincerely lament that the weather and the 
consequences produced by it rendered it impossible for me 
to carry terror and desolation to the head of the Wabash. 

-r 1 

The corps I had the honor to command was equal to the 
object ; but the condition of my horses and. state of my I 

provisions were insuperable obstacles to my own inten- 
tions and the wishes of all." 1 

The address sent to the tribes by the released prisoners 

was as follows : § 

i 
•' To the various tribes of the Piankeshazvs and all ihc nations 

of Red People lying on. the waters of ihc Wabash: J 

"The sovereign council of the thirteen United States 

have long patiently borne your depredations against their 

settlements on the side of the great mountains in the hope 

that you would see your error and correct it by entering; 

with them into the bonds of amity and lasting peace. 

Moved by compassion and pitying your misguided coun 

cils, they have frequently addressed you on this subject, 

but without effect. At length their patience is exhausted 

and they have stretched forth the arm of power against 

'Aiiierieau State Papers. 



1 



OUJATAXOX. 345 

you. Their mighty sofas and chief warriors have at length 
taken up the hatchet. They have penetrated far into your 
country to meet your warriors and punish them for their later 
transgressions ; but you have fled before them and declined 
the battle, leaving your wives and children to their mercy, 
They have destroyed your old town Ouiatanoa, and the 
neighboring villages and have taken many prisoners. 
Resting here two davs to give you time to collect your 
strength, they have proceeded to your town of Keth-tip- 
pe-ca-nunk ; but } t ou again fled before them and that 
great town has been destroyed. After giving you this 
evidence of their power, they have stopped their hands, 
because they are merciful as strong ; and they again in- 
dulge the hope that you will come to a sense of your true 
interests and determine to make a lasting peace with them 
and all their children forever. 

"The United States have no desire to destroy the red 
people, although they have the power; but should you 
decline this invitation and pursue your unprovoked, hos- 
tilities their strength will again be exerted against you. 
Your warriors will be slaughtered, your towns and vil- 
lages ransacked and destroyed ; your wives and children 
carried into captivity, and you may be assured that those 
"who escape the fury of our mighty chiefs shall find no 
resting place on this side of the great lakes. The warriors 
of the United States wish not to distress or destroy women 
and children or old men ; and though policy obliges them 
to retain some in captivity, yet compassion and humanity 
have induced them to set others at liberty, who will deliver 
you this talk. Those who are carried off will be left in the 
care of our great chief and warrior, General St. Clair, 
near the mouth of the Miami, and opposite the Licking 
river, where they will be treated with humanity and ten- 
derness. If you wish to recover them repair to that place 
by the first day of July next, determined with true hearts 



-U6 WAT AN ON. 

to bury the hatchet, and smoke the pipe of peace. Tin 
will then be restored to you, and you may again sit down 
in security, at your old towns, and live in peace and happi- 
ness, unmolested by the children of the United Stales, 
who will become your friends and protectors, and will be 
ready to furnish you with all the necessaries you may re- 
quire ; but should you foolishly persist in your warfare. 



d the \ 

hatchet will never be buried until vour country is deso- 
lated and your people humbled to the dust. 

"Given under my hand and seal at the Ouiatanon Town, 
this 4th day of June, 1 7 9 1 . 

"Charles Scott, Brigadier General^ 1 

The official report and address have been quoted at 
some length in order to throw light on one usually mis- 
understood point, The principal village destroyed, the 
one containing the seventy houses, well finished, was not 
the original Ouiatanon town, as stated by Dillon and 
others, but the one at the mouth of the Tippecanoe and 
called Keth~tip-pe-ca-nunk. 

In the report this is mentioned as "the most important 
settlement of the enemy in that quarter of the federal ter- 
ritory.'' In the address it is styled the '''great town," 
while the one destroyed by Scott is mentioned as the Old 
Town Ouiatanon. j 

It will also be noticed that he speaks of destroying the 
towns near Post Ouiatanon on the fourth, the next day 
after Wilkinson's return. The fact that Keth-tip~pe-ca- 
nunk is sometimes called Upper Ouiatanon has probably 
led Dillon and others into this error. 

The first of August of the same year General Wilkinson 
made a second expedition into this Wabash country. Start- 
ing from Fort Washington he directed his course so as to 

'American State Papers. 



OUIATANON. 347 

strike the Wabash at the mouth of Eel river. lie crossed 
the river and destroyed an Indian town named Kena-pa- 
com-a-qua, a few miles from the junction of the two rivers, 
then directed his course to Kelh-tip-pe-ca-nunk. Here he 
destroyed what little had been made in the. way of im- 
provement since his visit in June, and then marched 
to Ouiatanon, forded the river, destroyed whatever of 
crops were to be found, and returned to the Ohio. 

In his report, after detailing the circumstances of the 
march, he says: "I have destroyed the chief town of the 
Ouiatanon nation and made prisoners of the sons and 
daughters of the king. I have burned a respectable 
Kickapoo village and cut down at least four hundred and 
thirty acres of corn, chiefly in the milk. The Ouiatanons, 
left without houses or provisions, must cease to war, and 
will find active employment to subsist their squaws and 
children during the impending winter." 1 

After this fearful scourging the subsequent history of the 
Post Ouiatanon seems enveloped in mystery. The French 
families took their departure and attached themselves to 
other settlements. Keth-tip-pe-ca-nunk, before long, be- 
comes the general meeting place of the Indians. It 
is here that the Prophet locates in 1808, and soon, the name 
is changed to Prophetstown . This was the objective point, 
when, in iSa i, Harrison's campaign against the Indians 
terminated in the battle of Tippecanoe. The high bluffs 
on the south side of the river and a little above the old fort 
still remain. From this eminence General Scott beheld 
the fort, the Indian towns on the left and farther down the 
river and the. Kickapoo town almost opposite. 

Doubtless the white flag he saw was near the ruins of 
the fort, for, as was their custom, both French and Indians 
had used a part of this elevation as a burial ground. 

'American State Papers. 



mS -JVf 



OUIATANON. 



The chance visitor to the old fort will no longer see ■'• 
canoe crossing the river nor any of the varied scene'i 
Indian town and trading settlement. The outlook is up-, i 
fertile, valleys and cultivated uplands. - In place of the vkw 
rior going forth to the hunt, or the trader with canoe wcl 
laden with peltry, will be seen the busy farmer in the field 
or the quiet lisher angling for the finny denizens of Uh 
water that still abound in the Wabash near the mouth o 
the Wea. 



INDIANA HISTORICAL SOCIETY PUBLICATIONS. 
Volume ii. Number 9. 



DPMI N 1 9 c P N P P <s 

OF A 

JOURNEY TO INDIANAPOLIS IN THE YEAR 1836 

BY 

JUDGE C. P. FERGUSON 



Life of Ziba' Footi 



BY 

SAMUEL MORRISON 



INDIANAPOLIS : 

THE BDWEN-MERRILL COMPANY. 

1893, 



JS2 



REMINISCENCES. 



At the August election, id the year 1836, my father had 
been elected a Representative for the county of Clark. 
Although I was quite a small boy, he was seized with a desire 
to take me to Indianapolis to stay with him during the ap- 
proaching session of the General Assembly, but how to 
get me there was the question. The Legislature was to 
meet on the first Monday in December. Judge Dewey, 
who lived at Charlestown, was one of the supreme judges, 
and would have to be present at the term commencing on 
the fourth Monday of November. So it was arranged be- 
tween them that the judge should take me in charge and 
go by steamboat to Madison and then by stage to Indian- 
apolis, and a week later my father would take the judge's 
horse and go through on horse-back, a three days' jour- 
ney. The programme was carried out, and the judge and 
myself took passage on the steam-Boat Rochester, at the 
Charlestown landing, As soon as lie stepped upon the 
boat the judge made an inquiry and then shouted to my 
father, who stood upon the bank, that Pennsylvania had 
gone for Van Buren. This settled the question as to the 
presidental election, and their hearts were broken, for they 
were both stalwart Whigs, and I, too, was very sorry, for 
I had hoped for the election of the old general who had 
been at our house the year before and carried off my pet 
terrier dog. 

On the boat the judge met several friends, among whom 
was Randall Crawford, a great lawyer and father of the 
now distinguished Harry, v/ho w r as also on his way to In- 
dianapolis. At Madison, we three took lodgings at Pugh's 
Hotel and occupied the same room. Next morning, be- 

(350 






35' 



REMINISCENCES. 



fore it was light, the stage drove up to the door and 
got in, after which the driver picked up a few passenger 
at private residences, one of whom, upon entering, y, - 
addressed as judge, and J got to learn that he was Stepht-n 
C. Stevens, who had been a supreme judge, and, having 
resigned, Judge Dewey had been appointed to fill his | 
place. 

From Madison to Columbus made one day's journey, 
and there we expected to meet an Indianapolis stage, that 
would take us on. We passed the night at the Jones hotel, 
and the Indianapolis stage failing to meet us, a private 
conveyance was provided — a common farm wagon — and 
in that way we were sent on to Franklin. At Franklin, late 
in the next morning, the stage was on hand ready to take 
us on. Jt was not a coach, but a large covered spring 
wagon, drawn by four horses. Getting so late a start, we S 
trudged the balance of the day and into the night through 
mud and chuck-holes and over corduroy roads. The dis- 
tinguished passengers talked a good deal, and to-day I re- 
member some things they said. I know in' one of their 
discussions one of them said the most burning epithet one- 
man can apply to another is to call him a fool, This 
observation I never forgot, and it came vividly before my 
mind when I read of Gen. Butler's famous saying, "that | 
among all the mean things which had been said of him, no 
man had ever called him a fool." 

A little after dark on this last day's journey, while 
perched upon my seat drowsy and worn out, Mr. Crawford | 
aroused me and said, in his peculiar tone of voice, which 
those who knew him will recollect, " Now you can see the 
lights of Inj^/iapolis," and shortly aftei*wards we were in 
the town. What a contrast with the present! There- 
were no brilliant lights, no jingling of bells and shrieking 
of whistles ; no yelling of the names of different hotels, 
but in darkness and in quiet the stage drew up in front oi 



REMINISCENCES. 3 5 3 

the Mansion House, kept by Basil Brown, and there 
emerged therefrom and entered the hotel, cold and tired, 
a supreme judge, an ex-supreme judge, a great lawyer, 
and a little country boy. 

Next morning, after breakfast, I started out to find 
William Sheets the Secretary of State, to whom my father 
had given me a letter. I found Mr. Sheets at his resi- 
dence, a new and beautiful brick cottage, fine and spa- 
cious, which stood upon the ground now occupied by the 
Denison House. At that time there were two small chil- 
dren in the family. I remember Mrs. Sheets as an af- 
fectionate, sweet-faced mother, and an accomplished lady, 
and certainly during my stay in the family she did all she 
could to supply the place of a mother to me. She had a 
piano and a bound volume of music. I noticed on tire 
outside of the music-book the printed name of Mary Ran- 
dolph, but I did not know until many years afterwards that 
she was the daughter of Thomas Randolph, the bosom 
friend of Gen. Vv 7 '. H. Harrison, when he was Governor, 
and who was slain at Tippecanoe. 

I was not long in discovering that Mr. Sheets himself 
was on the ragged edge. His term as secretary was about 
expiring and he was a candidate for re-election by the Leg- 
islature, and I gathered from the family talk that the can- 
didate of whom he had the most fear was a man by the 
name of Brown, nor were his fears groundless, for when 
the election came off William J. Brown was elected. I 
have heard it stated that this was the first lift given to Mr. 
Brown, who afterwards became so prominent in both state 
and national politics. 

During my stay the family was visited for a few days by 
a courtly old gentleman whom they called General Dill. 
This is a name almost unknown to the present generation, 
but the student of Indiana history will find that General 
James Dill figured prominently in the early days of the 



354 REMINISCENCES. 

territory and state and, if I have not been misinformed, 
his wife was the daughter of General Arthur St. Clair. 

My Either having arrived, he took me to the Mansion 
House to room with himself, lie permitted me to go with 
him to the state-house on the morning of the organization r 
of the House. I witnessed the ballotings for speaker arid 
was told that the name of the man elected was Caleb B. 
Smith. I remember the speaker as a handsome, trimly- 
built man, hardly of middle age, well-dressed with black 
broadcloth and I think he had black hair. He did not 
use a gavel, but a flat ruler was always on his desk. 
Upon taking his seat he would rap with his ruler and then 
announce "the houthe will ffleathe come to order." Here 
I will digress to say that it was probably twenty years after 
Mr. Smith was speaker before I saw him again when he 
made his appearance in court at Charlestown in connection 
with a suit brought to destroy the charter of the old Ft. Wayne 
and Southern Railroad Company. Time had made its rav- 
ages. Instead of a trim, w T ell-dressed man with a head 
well covered with hair I faced a gentleman inclined to 
corpulency, careless in dress, with scattering grey hair. 
But the lisping tongue was still there as was evident in a 
political speech he was induced to make in which he com- 
pared Judge Douglass to Baalam's ass, several times, 
much to the merriment of his hearers, coining over the 
expression, "am 1 not thine atke?" 

I have a distinct recollection of the features and appear- 
ance of many members of the House over which Mr. 
Smith presided, often carrying messages and doing little 
errands for them without pay other than the privilege oi 
being in the hall and on the floor when I pleased, and this 
privilege was given me by old Jim Fislar, the door-keeper. 

Joseph G. Marshall was one of the lions of the House, so 
was Thomas J. Evans, a strong leader on the internal im- 
provement side, not much heard of afterwards because he 



REMINISCENCES. 355 

did not live many years, William T. J. Jones, a very active 
and brilliant man, was there from Evansville, but be died 
a few years afterwards. Robert Dale Owen and G*eorge 
II. Proffit sat near each, other. How many of the rising 
politicians of the last Legislature do you suppose ever 
heard of George H. Prof! it? Yet he was regarded as a 
very brilliant man m his day, and he and Mr. Owen had. 
it up and down in the first district for many years, some- 
times one and sometimes the other going to Congress. 
When lie and Henry A. Wise " Tylerized," George D. 
Prentice had this to say of them : " Wise is a fool and 
Profit is likewise. " Mr. Tyler gave Mr. Proffit a foreign 
mission, at the expiration of which it is said he removed 
to Louisville, where he died. 

On going to aiy father's room one night I found him en- 
gaged in conversation with a large and rough-looking 
man, who left the room soon after I entered. 1 was- told 
the gentleman's name was Smith and he wanted my father 
to vote for him for United States Senator, but he could not 
do so because he had promised to vote for Gov. Noble. 
My father kept his promise and voted nine times for Gcv. 
Noble, and on the ninth ballot Oliver H. Smith was 
elected. 

David Wallace was Lieutenant-Governor, a small man 
with black hair and flashing black eyes. He was a wid- 
ower, but during my stay at the Mansion House he got 
married and brought his young wife to the hotel to board, 
where I often saw them at the table. The present, well- 
known and beloved Mrs. Wallace is often spoken of as the 
mother of Gen. Lew Wallace. This is a mistake ; she is 
his step-mother, but, no doubt, she gave to him all the 
careful and affectionate training it was possible for her to 
give, the same as if he had been her own son. 

Across the hall from our room was the room of a young 
lawyer to whom I became greatly attached. He flattered 



356 REMINISCENCES. 

me with little attentions and sometimes would invite me to 
his room, where his room-mate had a guitar. He told me 
his name was Otto, and I understood he had some clerical 
employment under Gov. Noble. Many times after I re- 
turned home I thought of the handsome stranger who had 
been so kind to me, and wondered if I should ever see him 
again. After seven years rolled away we did come to- 
gether again in the closest relations of friendship, which 
have existed ever since. He removed to Brownstown, 
served one session as principal secretary of the Senate, 
and then was elected judge of a large circuit, including my 
own county, when he was twenty-nine years of age. It 
has always been conceded that he was the most learned 
and accomplished judge that ever presided in that circuit. 
He removed to Washington city to become assistant sec- 
retary of the interior, and afterwards became official re- 
porter of the United States Supreme Court. 

I was permitted to go to school, a short time at the old 
Marion county seminary, of which Mr. Sullivan was 
principal, but I was a stranger and made few acquaint- 
ances. One boy, or rather young man, for he was several 
years older than myself, I recollect distinctly, for he sat 
next to me on the same bench against a long writing- desk. 
The young man was Mr. Wm. W. Conner of Nobles- 
ville. I saw him only once afterwards and that was while 
he was serving in the State Senate, Three years ago I 
went out to this old seminary ground and looked over it. 
but I could not realize that I had ever seen it before. 

Sometime in January I became very anxious to return 
home, and I expect my father was getting tired of me ; at 
any rate, he put me on Judge Dewey's white horse and 
started me off in charge of B. J. Adams, a Louisville 
merchant. Arriving safely at Charlestown, while passing 
the court-house, the clerk caught sight of me, and ran out 
to inquire if I knew who was elected to Congress, Wick 



REMINISCENCES. 357 

or Herod, I think I told him that I had heard some per- 
sons say that Mr. Herod was elected. This was a special 
election to fill the vacancy caused by the death of Mr. 
Kennard, who was blown up on a. steamboat while on his 
wa} r to Congress. 

So ended my first visit to Indianapolis. I never saw the 
place again until nine years afterwards, when I passed a 
whole winter there, and possibly I may hereafter write of 
what came under my own observation during that winter. 



ZIBA FOOTE 



Ziba Foote was born in Newtown, Conn,, July 4, A. D. 
1785, of pooi' but honest, upright parentage. He taught 
school to raise money to- pay his way into Yale College, 
and graduated, with distinction, in 1805. In early life he 
had a strong friendship for a young man by the name of 
David Sanford, of Newtown, his native place, David was 
a little older and farther advanced, in 1803, than Ziba. 
He graduated at Yale College in 1804, the year that Ziba 
entered. They were so much alike in disposition that 
their friendship bound them together so that they ? at that 
time, loved as David and Jonathan did. 

Jared Mansfield, the surveyor-general, had full control 
of all the surveys in the northwestern territory, to wit : 
Ohio, Indiana, Illinois, Missouri, Arkansas and Michigan 
Territory, with his headquarters at a village on the Ohio 
river known as Cincinnati. 

Wishing to procure the services of some scientific young 
men from Yale College to assist him in the public surveys, 
David Sanford was recommended to him, and was en- 
gaged. As Sanford had already graduated, he was ready 
to start at once. Foote, not yet through college, expected 
soon to follow. Sanford, after completing a contract in 
Indiana Territory, near Vincennes, was sent north to 
survey a reserve of four townships at the foot of the rapids 
of the Maurnee river, waiting and hoping for his friend,, 
Foote, to come. 

359 



360 LIFE OF 

About the first of August, 1805, Ziba Foote started iV. 
Newtown, Conn., and, on the 5th clay of September, he ur- 
rivecl at Cincinnati, after a long and troublesome journev . 
Soon afterward the following letter was received at New- 
town by his friends : 

" Port Wayne [date not given]. 

" On arriving at General Mansfield's I found that EH as 
Grover and David Sanford had gone up to the northern 
lakes, surveying, just nine days before my arrival. I pre- 
sented General Mansfield my letters, and he told me that 
from my youth and inexperience, prudence would dictate 
that it would be best for me to go one trip as assistant sur- 
veyor, after which he would make me a deputy." 

Mr. Foote started, the day after his arrival at General 
Mansfield's, in pursuit of his friend Sanford, and found 
him at Fort Wayne, waiting for Mr. Wm. Wells, the In- 
dian agent, to give him directions about surveying,' and 
from here they went down to Fort Miami, on the lake, Mr. I 
Foote on horse-back and Sanford in a canoe. 

Sanford, being much exposed, when he arrived at the I 
Fort, was sick. Foote, in a letter to his father, said : 

" Mr. Sanford would not permit me to go into the 
woods, but kept me to nurse himself. I took very strict I 
care of him until I got sick myself. As there was no one 
but myself to take care of him, I was compelled to give J 
him what attention I was able. The accommodations were I 
wretched. Mr. Sanford had a tolerable bed. As to eat- 
ing, he had no appetite, so that lack of these materials was 
not fell. M} r fever came on generally at evenings, and I 
was obliged to lie on the floor, which made my bones ache 
very badly. In a few days Mr. Sanford died, and I was 
just able to sit up to see him breathe his last. He was 
speechless four days before his death. He died on Friday, 
October nth (1805), about two hours before day, and was 
buried the same day about sunset. I determined to go 



ZIBA FOOTE. ■ 361 

back to Cincinnati with all speed, for if I stayed there I 
thought I should die too. The next day there came along 
four men, with but two horses, who were going' almost to 
Cincinnati. I thought this as good an opportunity as I 
should find, so I packed up and was just ready to start' 
with them when the fever came on, so I was obliged to 
stay, and they went on. 

" The next morning, feeling fresh and resolute, I got up 
my horse (one of Sandford's) and pursued after and over- 
took them before night. That night we all slept in the 
woods. Next morning we started two hours before day 
on our journey ; we traveled on, and arrived about noon 
at Fort Defiance. Here I was taken with the fever again, 
and stayed all night, but they left me and went on. The 
next morning I set out after my company. I went on 
about three miles, lost my road, and went back ; hired a 
man for three dollars to pilot me eighteen miles. He went 
the distance and turned back ; I kept on, expecting every 
minute to overtake the company, knowing, if I failed, I 
must sleep in the woods alone. It rained very hard con- 
stantly. Well, I spurred on till dark, and yet had not 
overtaken them. I could go no farther, but must spend 
the night alone in those dark woods. In the first place, I 
knew that I should want considerable water in the night, 
but had nothing but my boots to hold it ; so I climbed 
down the river bank and filled one boot with water and 
placed it so that I could drink out of it during the night. 
I turned out my horse with a bell on, and hampered him, 
and all was well so far. I then took out my fire-works 
and tried for a long time to get a fire, but could not, as it 
was raining very hard. I begged, prayed, and cried, but 
all did not make me a fire, and I was obliged to give it up. 
So I took my two blankets and lay down in the woods, al- 
most doubting if I should ever rise up again. The rain 
poured down until twelve o'clock. I lay till daylight, 



■262 LIFE OF 

tackled up my horse, hurried on and overtook my < 

pauy, and at evening we reached a house. The lady' 
name was Mrs. B. I stayed there ten days, and called 
her mother; but I had not found the right one yet.''' 

Mr. Foote having returned to Cincinnati quite discour % 
aged, but still determined to work somewhere, he four:.; 
General Mansfield and informed him of the death of hi* 
friend, Sanford. The General, being a man of very tender ; 
feelings, could not refrain from weeping when he received 
the sad intelligence. 

Ziba Foote now brought his own case before the Gen- 
eral. He was without: friends and without money in a 
strange land, and no work. His high spirits now seemed I 
to be perfectly under a cloud, and he was almost in despair ; 
he knew not where to go or what to do. But relief came 
to Ids mind when General Mansfield informed him that he 
would give him every assistance in his power. He ad- 
vanced him money, and gave him as much to do in his of- 
fice as he could do : also assured him that he would give 
him as much lucrative business in the future as the nature 
of the case would admit of, and as he became able to per- 
form it. Ziba spent the winter in Cincinnati. 

The last letter that he wrote to his friends in Connecti- 
cut was dated March 20, 1806, on the Ohio river, on 
against Fort Massie, and contained the following extract : 

" On the 4-th of this month I set out to survey with Mr. 
William Rector, a gentleman with whom I am well 
pleased." 

Next in order is a letter from. Wm. Rector to Surveyor- 1 
General Mansfield, giving an account of poor Foote's 
tragic death, It is dated: "Surak's Ferry, Ohio River, 
May ] 6th, 1806," and reads as follows: 

"Sir, I am extremely sorry to inform you, that about 
twelve o'clock on Wednesday, the 30th of April, Mr. Ziba 
Foote was drowned. The circumstances attending this 



ZIBA FOOTE. 363 

melancholy accident were as follows: The overflowed 
country that I was compelled, last winter, to leave un- 
finished, he was surveying on the east side of the W abash, 
lie came to a pond, about thirty chains wide, .which, from 
its appearance , lie supposed be and his companions could 
pass through without swimming ; but, being uncertain, 
lie fastened his compass and Jacob-staff to his belt, in or- 
der to be able to go through at any rate. In this encum- 
bered condition, he went into the pond, and had gone but 
a short distance when he got over his depth. As soon as 
he began to swim he called out to his chainmen, and di- 
rected them to follow him, for lie said he was determined 
to swim through. They did so, and all swam on very 
well until they had nearly passed the deep part of the 
water, when, all of a sudden, Mr. Foote began to sink, 
and said he was drowning. Mr. Gilkerson, one of the 
chainmen, who is a very good swimmer, swam t0 him; 
but he had sunk so low that he was unable to get hold of 
him, except by his hat, which was on his head. By this 
means he kept him up for a short time ; but his hat came 
off, when he at once sank, and never rose again. 

"Mr. Gilkerson then went out on the pond, on some 
logs they had tied together, and endeavored to raise him 
with a long pole and a hook, in time to save his life ; but 
the logs, unfortunately, separated, and he was obliged to 
svyim to shore. They then made a raft, on which Mr. 
Gilkerson went out a second time, and raised Mr. Foote 
and brought him out ; but it was too late. He had been 
under water about two hours, and life was extinct. His 
company then made a wooden spade, with which, and an 
ax* they dug a grave on a small hill near the pond. They 
'd.en made a bark coffin, and buried him late that evening, 
'lis burial was as decent as circumstances would admit 
of, for the place is remote from all settlements. 

"Mr. Gilkerson at once came here to communicate to 



364 LIFE OF 

me the melancholy intelligence. Sincerely do I re;-; 
Mr. Foote's untimely death, for he was a young man vvi 
possessed many amiable virtues, among which were i 
dustry, perseverance, candor and good nature. Qfu n 
has he expressed to me the most lively gratitude for '.'■ 
friendly treatment he had received at your house. 1I» 
had endeared himself to all my company in such a mai 
ner that, had each one lost a dear relative, they could r: ! 
have expressed more sorrow at his loss. When I parti-,: 
with Mr, Foote, at the mouth of the Wabash, I told hi its 
he would meet with great difficulties in surveying among 
the ponds, and requested him not to hurry himself, and in 
all cases to work around the ponds by offsets. He ob- 
served that he would take as much time as would enable 
him to do the work in the most accurate manner, but said 
he had been informed, that some of his friends at Cincin- 
nati had predicted that he would not stand the fatigue oj > 
the woods, and that he was determined to exert himself 
to accomplish what he had to do as soon as possible, m 
order to convince his friends that he did not want fortitude 
to go through with what he was willing to undertake. 
'•I am yours, etc., Wm. Rector, 

" Deputy Surveyor ." 

The following is from Prof. E. T. Cox : 

"When on a visit to Bedford, in Lawrence count}', t ,! 
examine the stone quarries, I came across the tomb oi 
Ziba Foote and Winthrop Foote, M. D., his brother. Dr.. 
Foote was a very learned man and noted for his eccen- 
tricities. A very large block of limestone had broken oil 
from the face of a projecting cliff and lay at its foot, in a 
deep, narrow and secluded valley, close to the town oi 
Bedford, and on Dr. Foote's land. 

He had a hole cut into this stone for a vault, in which to 
entomb the remains of his brother and himself. Many 
years ago he made a journey on horse-back to Posey 



ZIBA FOOTE. 365 

, »unty, to hunt for the grave of Ziba Foote. John Waller, 
ivho was then living near Foote's Grave Pond, conducted 
him to the grave. Ziba Foote's body had been wrapped 
in the bark of a tree, which served as shroud and coffin. 
The bones were gathered up and were carried to their 
present resting place. On the flat top of the stone sepul- 
cher is a triangular-capped monolith, which bears the 
epitaph of the two brothers. I was so struck with this 
singular burial place that I made a sketch of the stone and 
copied the following memorial : 

ZIBA FOOTE, A. B., 

Born in Newtown, Conn., 

July 4th, 17S5. 

Died 
April 30th, 1806. 

lie graduated at Yale College, with great honor, at the age 01 20 

years, was drowned in Foote's Grave Fond, Gibson county, Indiana, 

while conducting government surveys. 

His remains lie here. 

"And by the buried bones of him whom living I loved best, 
See me at last laid quietly, then leave me to my rest." 

On the other side of the shaft was : 

WINTHROP FOOTE, Mi P., 
Born Newtown, Conn., 
November 30th, 1787. 
Died Bedford, Jn t d., 
August 2d, 1856. 
By unsurpassed energy he educated himself and graduated in law 
'wid medicine with great distinction early in life. Having selected for 
practice the latter profession, his mental and physical energies se- 
cured him success equaled by few of his contemporaries. He emi- 
grated, to Palestine in ISIS and to Bedford in 1S23. 

' "And so farewell my dear, good friends, 

And farewell world, to thee, 
I part with some in love, 
With all in peace and charity." 



■ 



366 SKETCH OF 

SKETCH OF SAMUEL MORRISON. 



Samuel Morrison, the author of the preceding bi< . 
raphy, was in many respects a most remarkable man. 
He was born at Aurora, Indiana, March i, 1798, and w, ; 
the first white child born in Dearborn county, which. ; 
that time included all of Indiana lying east of the 1 
Greenville treaty line. The story of his life present: 
picture of the hard experience of the early settlers of tin: 
state — especially hard to him because of a lameness" which 
made manual labor difficult for him — and it is given here 
as he related it to the writer a few months before his death : 

"My parents," he said, " were Pennsylvanians. My 
father was a soldier in the Revolution, and was wounded 
at Brandy wine. After the close of the war they moved to 
Kentucky, and in 1796, on St. Valentine's day, they 'set- 
tled at Petersburg, Ind., then known as Tanner's Station, 
There was an old Indian hut there, without any root or 
floor, and my father had come over before and fixed it up 
so that it could be inhabited until he could get something 
better, My father kept a ferry there. It was just a canoe 
in which he carried passengers; they made the horsed 
swim alongside. Before 1798 my parents moved to the 
•site of Aurora, where I was born. Both my father and 
my mother died before I was eight years old. While at 
Aurora my father assisted Benjamin Chambers. He was 
a brother-in-law of Israel Ludlow, and they two did the 
first surveying in southeastern Indiana. They lived neai 
Dayton, O., at the time. Chambers soon afterward came 
to Indiana and was appointed one of the judges of Dear- 
born county by Governor Harrison." 

iC Where did you go after the death of your parents ?" 

" I went, to Dayton to live with my uncle, Samuel Mor- 
rison, who was a wagon-master in the Revolutionary army. 



SAMUEL MORRISON. 367 

While here I got my first schooling from Thomas Brown, 
a Quaker. Before I went to school, however, my uncle's 
oldest daughter, who had some education, used to give out 
spelling to us younger children, and I learned to spell in 
words of five syllables before I knew a letter of the alpha- 
bet by sight. When I went to school my cousin gave me 
a piece of an old Dill worth's spelling-book. It was the 
first half. When we got through it I used to borrow the 
books of the other children and copy out the lessons for 
the next day. 1 copied it in print because I had not 
learned to write, and so by the time we were through the 
book I could make very good letters." 

This skill in lettering is one which Mr. Morrison de- 
veloped until he was able to produce work scarcely dis- 
tinguishable from print. One of his most remarkable pro- 
ductions in this line is a book of the songs which have 
been favorites with him. He made it, as music is com- 1 
monly w r ritten, with one verse printed under the staves 
and the others placed below. Every part of it was done 
with a pen. 

"After some months' stay at Dayton," continued Mr. 
Morrison, " I returned to Lawrenceburg and lived with 
Eli Girrard and 'Squire Foster, who had married half-sis- 
ters of mine. While looking about for employment there 
I met Captain Crandall, an old sea captain, who hired me 
to do chores for him. He was the man who took the first 
ship built at Marietta down the Ohio and Mississippi 
rivers. When he came to Twelve Mile Island, about 
Louisville, the water had become so low that he had to 
anchor and wait until the river raised. While he was 
there he met Betsy Dorsey, a very pretty girl, w r ho lived 
in Clark county, Indiana, and they were married. He 
took her with him down the river, and after the ship was 
fitted out at New Orleans they went with it to Russia and 
back again. They were both very kind to me. The cap- 



- 



^68 SKETCH OF 

tain had a great many books and was skilled in every thh 
relating to navigation. I asked him to loan me a geog- 
raphy that he had— I think it was Morse's large geo 
raphy. He did so and I took it home and copied ail the 
maps that were in it. By that 1 learned a great deal of 
geography and became a fair draughtsman. Captain 
Crandall also taught me arithmetic as far as the sin-k- 
rule. of three, and something about astronomy. He used 
to take me out at night and point out the constellations of 
the fixed stars and explain the motions of the planets." 
" Did you go to school while at Lawrenceburg? " 
"Very little. My brothers-in-law were poor, and t'h'ev 
did not appreciate the advantages of education. They said 
I knew enough already ; that I could read and write and 
ciper, besides being able to print letters and make maps. 
In those days there were no free schools, and a boy could 
not 9'0 to school unless some one paid his tuition or gave- 
security for it. I had one quarter's schooling, though. 
My brother Ephraim paid for it. The teacher w r as David 
P. Shook. He could only cipher as far as the single ru ] e 
of three, however, and so I only went over my old work. 
" After a. time my brother came up from Clark county 
on a visit, and I went back with him. He was poor, too. 
but I was old enough to do manual labor and support my- 
self. I quarried stone and chopped and scored timber 
The wages paid were twenty-five cents a day, and board 
and washing cost a dollar a week. In 1820 I opened a 
school at Utica, in Clark county. The way a school 

was started w T as this : The teacher would take an article 

l 

of agreement about the neighborhood, and the people 
would agree to send their children and contribute to pay 
the rent of the building and the cost of fuel. I had fifty 
or sixt} r pupils in my first school. 

"The last schooling I had was in 1821. I had saved 
uo a little money and went over to Louisville where a 



SAMUEL MORRISON. 369 

Presbyterian preacher named Dow was teaching. I 
agreed to take care of the building for my tuition, but even 
then my means were so limited that I had to use great 
economy. I obtained permission from Dow to stay in the 
school-room at night. I slept on a bench with my books 
for a pillow. I used to buy bread and sugar, which I kept 
in my desk, and for three months I ate nothing; but bread 
and drank sweetened water, except on a few occasions 
when I was invited out to a meal. I felt no bad effects 
from it, and my head was as clear as a bell. After that I 
taught school for three years at Utica, and in 1824 went to 
Lawrenceburg. I taught school in that vicinity until 1832. 
In vacation I used to go to Dayton and write in the clerk's 
office and on the supreme court records. 

" In 1833 Micajah T. Williams, of Cincinnati, surveyor- 
general of Ohio, Indiana, Illinois, Michigan, Wisconsin 
and Iowa, sent for me and told me that he had a place for 
me at $500 a year. I was just about closing a contract 
with the clerk and auditor at Dayton to work for them at 
$600 a year, but as Williams said he would increase my 
salary if I gave satisfaction, I went with him. He soon 
raised my salary to $625. While here I was elected trus- 
tee and visitor of the city schools. I did not know I was 
a candidate until I was elected, and at first I decided to 
decline. I remember a friend of mine told me I had bet- 
ter not. He said there was $10 fine for refusing an office 
in this country. I thought it over and concluded to accept. 
I must confess that I felt gratified that I, a poor orphan 
boy, should have been selected by my fellow-citizens for a 
public trust, especially as I received more votes than E. 
D. Mansfield, whom I considered one of the greatest men 
in the West while he lived. He was elected from the 
same ward that I was, at the same time. Joseph Ray, the 
author of Ray's Arithmetic, was also a trustee and visitor 
during my term. I remained in the surveyor's office for 






3>/0 SKETCH OF 

thirteen years, and then went to live on a farm on the hi"!? 
land back of Lawrenccburg, which is called ' the ridge.' 
I lived there until 1871, and then came to Indianapolis." 

iC Yon made several maps that were published> did you 
not ?■" 

" Yes, I drew the first map of Indiana that was pub- 
lished. That was in 1816, and there were only thirteen 
counties in the new state. It was engraved on copper 
plate and printed at Cincinnati. I also made a map of 
Indiana in 1845, which was published at Cincinnati. 1 
circulated it widely, together with a pamphlet giving a 
synopsis of our land system and our school laws. In 1835 
I published the first map of Wisconsin that was ever made. 
That was before it was set off as a territory. I changed 
the orthography from Ouisconsin to its present form. The 
winter before, Congress had a squabble about the name of 
the proposed territory, but the next winter they made the 
law giving the name as I. had printed it. In 1836-7 I pub- 
lished a map of Iowa and gave the present orthography. 
Before that it was written loway." 

'* Did yon not make some military maps that were used 
during the rebellion?" 

" Yes, sir, I did. I shall always believe that I originated 
the plan for trie capture o( Vicksburg. I had been over 
the country in that vicinity when I was a young man, and 
knew it well. I made a map showing flity miles square, 
including Port Gibson, Grand Gulf and Jackson. Some 
of my friends advised me to send it to General Grant. I 
wrote on the margin: ' Grand Gulf and Bruinsburg are 
the places to capture and hold ; then destroy the bridges 
over Big Black river and Bayou Pierre ; these streams 
will guard your flanks ; then march out and capture Jack- 
son ; this done, you can take Vicksburg at your leisure.' 
I sent this to General Grant, and afterwards the canal 
project on which he was working was abandoned, and my 



SA MUEL MORRISON, 37 j 

plan was adopted. I also made a map of eastern Virginia 
for secret war movements. It was laid off in sections on 
a base line drawn through Fortress Monroe, and a me- 
ridian line through Richmond. By means of this an of- 
ficer could be ordered to occupy any section as it appeared 
on this map, and if the instructions fell into the hands of j 
the enemy they would not be understood. General Butler 
told me that his movements in eastern Virginia were 
planned and carried out by this map." 

Although Mr. Morrison's story is in many particulars ! 
stranger than fiction, its accuracy can not be questioned. 
The struggles of his earl)' life, in which he " breasted the 
blows of circumstance" and forced his way to an honor- 
able position among his fellows are well known to many 
old residents. As to his war maps he had the following- 
letters in his possession, which are of much historical in- 
terest * . 1 
"Near Vicksburg, March jo, 1863. 

"S< Morrison, Esq.: 

"Dear Sir — Your note enclosing a map of Vicksburg 
and surroundings was duly received ; also, your second 
letter. 

"The canal across the point will undoubtedly prove a 
success, and would now have been ready for use, or nearly 
so, but for an accident resulting from the great rise of 
water. The river has broken in the upper dam to the 
canal and filled it with water, making a crevasse in the 
canal levee about midway of the point. This will set us 
back probably ten days. 

" I am supplied with all the engineers and other staff of- 
ficers provided for by law, and have not the authority to 
accept your services as you request. 
"Yours, etc, , 

" U. S. Grant, Major General." 



37- 



SKETCU OF 



" Ft. Monroe, Va. 5 March 6, 1864. 
" My Dear Sir— -I have received your very excellent 
war reap of Eastern Virginia, and will have it framed on 
rollers so that it can be used. From the cursory examina- 
tion I have been able to give it I think it will be of use, 
and am much obliged for it, 

" Respectfully^ your obedient servant, 

" Benj. F. Butler, Maj, Gen, Army. 
(f Samuel Morrison, Esq/' 



" Boston, May 25, 1884, 
" My Dear Sir— The map of yours, after I got to Ber- 
muda Hundreds, along in the summer, was lost, and I 
don't know that I ever regretted the loss of any one thing- 
more than that, and I am very glad to hear from the author 
of it, and am grateful for expressions of confidence and 
regard. Yours truly, 

"Benj. F. Butler. 
" Samuel Morrison, Esq/' 

While in the land office, Mr. Morrison made several 
discoveries and improvements in the systems of work 
which have since been used in the department. He orig- 
inated the system of printed sheets for drawing township 
maps, and had the first plate engraved from which they 
were printed. He discovered a principle for the calcula- 
tion of fractional sections, by which the old mode of calcu- 
lation by latitude and departure was superseded and much 
time and labor were saved. He also discovered that the 
relations between the fractional tracts in such fractional 
sections were such that when the dimensions of one were 
known the others could be determined by a short and sim- 
ple process without separate calculation. Although these 
discoveries have been of great service to the government, 
Mr. Morrison received no greater reward than the clerks 



SAMUEL MORRISON. -i 7 -> 

* t'i 

who did ordinary work by his side, After removing to 
Indianapolis he suffered financial losses, in consequence 
of -which he petitioned Congress for special compensation, 
but no action was taken on his memorial. 

Although in reduced circumstances, Mr, Morrison's 
later years were passed in comfort and tranquility. His 
personal acquaintance with Indiana history was extensive. 
and he furnished much information to students in that field, 
as well as writing occasional articles for the newspapers. 
He died March 1, 1888 — -the ninetieth anniversary of his 
birth- — respected by all who knew him. 



INDIANA HISTORICAL SOCIETY PUBLICATIONS 

VOLUME II. NUMBER 10. 



CC f«\ i 



OLD SETTLERS" 



BY 



ROBERT B. DUNCAN. 



INDIANAPOLIS : 

THE BOWEN-MERRILL COMPANY. 

1894. 



51 



During the month of January, 1879, while convalescing 
from a long spell of sickness, Robert B. Duncan wrote 
these four papers about the " Old Settlers '' of this section 
of Indiana ; they were written for the Indianapolis Herald, \ 

a weekly paper, at the request of George Harding, who 
was then its owner and editor, and appeared in the issues 
of January nth, 18th, 25th, and February 1st, 1879. 

It was Mr. Duncan's intention to write much more on 

I 

this subject, but he neglected to do so. 

He still resides in this city, at the advanced age of 
eighty-three, and has lived in this vicinity since 1820. 

It is at the request of the Historical Society that I have 

gathered these papers and furnished them for publication. 

John R. Wilson. 
Indiana folis, "January, iSgj.. 



(o70) 






OLD SETTLERS' PAPERS. No 



In the early spring of 1820, about the last clays of March, 
my father, with his family, settled — perhaps the better ex- 
pression would be " squatted," as all newcomers were then 
called squatters — in an Indian village, situated on the east 
bank of White river, bordering a prairie of about three 
hundred acres, situated about four miles south of the pres- 
ent town of Noblesville, the whole of central Indiana being 
then owned by the general government, unsurveyed, mostly 
unoccupied, and, with very limited exceptions, heavily 
timbered c The Indian village above mentioned had been 
owned and was still occupied by the Delawares (from which 
tribe the government had but recently purchased a consid- 
erable portion of central Indiana) and was the trade sta- 
tion of the late William Conner and his partner, William 
Marshall, both of whom understood and spoke fluently the 
dialect of several tribes of the Indians, then inhabiting 
portions of the state, who made that their trading point. 
Hence, for a period of nearly three years there was quite 
a number of Indians in and about the village, mostly Dela- 
wares. (I may say something more about these Indians in 
a separate sketch.) About the time my father squatted in 
the Indian village William Bush and family, Charles Lacy 
and family, and a family whose name has escaped my 
recollection, squatted near the village, but on the opposite 
side of the river. Judge John Finch (father of Judge F- 
M. Finch, of this city) had in the previous November 
squatted on a tract of land about two miles north of the 

■« (377) 



OLD SETTLERS." 



village, also on the opposite side of the river, with hi 
family. These five families, with Conner and Marshall 
above mentioned, constituted all the white people then in 
that part of the country* and with Robert Harding and r | 
family, Samuel Harding and family, George Fogue and 
family, James Mcllvain and family. John McCormick and 
family, JeremiahJ. Corbaley and family, Jeremiah Johnson 
(Quaker) and David McCurdy and family, who had, as 
early as April, 1820, settled in what is now Marion county, 
mostly in or near where the city now stands, constituted 
all the white people within the territory now composing the 
counties of Marion, Hamilton, Madison, Hancock, Shelby, 
Johnson, Hendricks and Boone, so far as my recollection 
now serves me. 4 

The little prairie adjoining the Indian village in which j 
my father settled enabled him to enclose ten acres of laud, 
and to break up and plant the same in corn, by which a 
good crop was raised the same year. 1 

Bush and Lacy also availed themselves of the same ad- 
vantages and privileges and also raised corn the same 
year. Judge Finch raised a crop of corn upon a small 
prairie on the land upon which he settled. 

The corn previously raised by Mr. Brown and a negro 
called Bill Allen who had escaped from slavery in Ken- 
tucky, and had been living amongst the Indians in this 
village for a sufficient length of time to have three Indian 
wives, furnished the several families which I have above 
enumerated with breadstuff. There being no mills to grind 
the corn into meal the settlers substituted what was called 
lye-hominy, and a kind of meal made by pounding the 
corn in what were called " mortars." This was a very 
slow process, and did not produce very good meal. To 
obviate this Mr. Bush, who was a Vermonter, and who 
had brought with him quite a variety of mechanical tools, 
procured from White river some stones, out of which he made 



"old settlers: 



379 



two small mill stones, and then prepared the necessary 
woodwork for putting the same in running- condition and 
fastened the mill up to a hackberry tree on the west bank 
of the river, the motive power being a long beam operated 
by horse power, a rawhide rope being used for belting. 
This mill would produce from two to two and a half 
bushels of good meal per day, and answered an excellent 
purpose, not only doing the necessary grinding for our 
neighborhood but for I lie settlers of this section, w r ho had 
to come to our settlement to purchase corn. No toll was 
charged at this mill. All that w r as required was that each 
person should furnish, his own horse. This was the first 
mill built in the New Purchase. 

In the fall of this year Judge Finch erected a horse mill 
upon his land and inclosed it in a log structure covered 
with clapboards, thus keeping the machinery and opera- 
tor out of the wet. This mill would grind by diligent ap- 
plication ten bushels of corn per day, and answered a val- 
uable purpose until the next year when Isaac Wilson built 
what was called a corn cracker on Fall creek, near its 
mouth, and a mill for grinding both wheat and corn was 
built by Wm. Linton a short distance above the Wilson 
mill, about where Indiana avenue crosses the creek. 

During the summer of 1820, the commissioners appoint- 
ed by the legislature to select the four sections of land 
donated by the national government to the state of Indiana 
Tor a permanent seat of government of the state met at the 
trading station of William Conner (the Indian village above 
mentioned), as required b}^ law, and from there examined 
several points on White river — one at " The Bluffs, " now 
in Morgan county ; one the site where the location was 
Hnally made, and upon which the city now stands ; and 
^mother the farm then occupied by Judge Finch which was 
afterwards, w r hen put in market, purchased by John Cor- 
win, one of the commissioners. My recollection is that 



380 "old settlers:' 

the site Where Noblesvilie is situated was never examim 
by the commissioners. After a careful examination oft! . 
several places named, the commissioners settled upon ■'. 
present location, having failed by one vote only of Iok\ ■• 
ing at ({ The Bluffs." The land where they determined 1 
locate not yet having been surveyed, the commissioner; 
being under the necessity of waiting several days on the 
surveyors, returned to the Indian village, where the whole 
subject was fully and largely discussed and the reason • 
given for the site selected and why the town should be on 
the east side of the river rather than the west side. 

One reason for locating at this point was that it was 
nearer the center of the state than either of the other 
points, or any suitable point; that could be found. Another 
was that this point furnished the best location for boat 
landing that could be found at any point on the river with- 
in any reasonable distance of the center of the state, and 
the east side was better for that purpose than the west 
side, and as a further reason, Fall creek was on the east 
side, and was the stream upon which the mills were to be 
built, and the town and. mills should be on the same side 
of the river. It was then confidently believed by those 
wise men (I do not make use of this term in derision for 
they were wise men of their day), that White river would 
be made navigable for boats of sufficient size to answer all 
the commercial demands of the town, and the mills on 
Fall creek would be sufficient for all milling purposes,— 
steam for purposes of locomotion or milling purposes being 
then unknown. 

Those views, judging from a present stand-point, appear 
so absurd that I have seldom spoken of them, and when I 
have done so, I did it only as 1 do it now, simply to illus- 
trate the difference between then and now. 

The site for the permanent seat of the government hav- 
ing been thus located, quite a number of persons and fam- 



"OLD SETTLERS. 



381 • 



jjies later in the same year located in and near the town 
site, and still more the next year (1821), during which year 
the town was laid out and the first sale of lots made. In 
looking over a list of some three hundred of the ear])- set- 
tlers of Indianapolis and its vicinity, and their descend- 
ants, which I have in my possession, I find a very few of 
those earlv settlers still remaining. 



January 11, io'/p. 



Robert B. Duncan 



OLD SETTLERS' PAPERS. No. 2 



In sketch No. r of these -joltings I gave an account of 
how the very early settlers of this part of central Indiana 
obtained the means of living so far as they consisted of 
bread and the kind of material out of which it was made. 
It may not be wholly uninteresting to some of the readers 
of the Herald to learn how the bread was prepared 
and cooked in those primitive times. As a matter of 
course, nearly all bread was made of corn meal, prepared 
in the manner stated in my former sketch, but was not all 
of one kind. First, there was what was called the 
" dodger;" secondly, the " pone," and, thirdly, the 
"johnny cake." The "dodger" was a kind of bread 
made of corn meal mixed with pure water, with a little salt 
in it, made into a stiff dough, then rolled with the hands 
of the good housewife, or one that was to become such, 
into a ball, about the size of your hand, put together into 
a kind of oblong shape, and baked in an iron bake-oven — 
a kind of cooking utensil with which all. early settlers had 
provided themselves, being in size about the circumference 
of a half-bushel measure, and in depth about eight inches, 
with an iron cover or lid, which could be put on and taken 
off at pleasure, and so constructed as to hold quite a quan- 
tity of coals upon its top. Coals underneath and on top of 
this oven, taken from a well-prepared wood fire in an old 
fashioned fire-place, with which all cabins were provided, 
constituted the heating power with which this kind of bak- 

(383) 






I 



no. "OLD SETTLERS." 

ing was done, " Pone " consisted of a preparation of c< 
meal mixed with water, with some milk or cream, am] . : 
quantity of yeast, prepared in some way known to th 
cooks, made into a dough not so stiff' as that for i 
kt dodger." and placed in tins same oven, where, in a shea ; 
time it would become light, or what was then so con. ski 
ered, and was then baked in the same manner as tisi 
"dodger," thus making a loaf about six inches in thick- 
ness, and of the full internal dimensions of the oven. The 
"johnny cake" consisted of a dough made of corn meal 
with some lard or butter in it, about six inches in width 
and one inch, in thickness, and placed upon a board pic- 
pared for the purpose, about two feet in length and from 
eight to ten inches in width, the baking being done by lo- 
cating this board lengthwise before the open fire, so as to 
present the full front of the cake to the fire, and so near it 
that the heat would, in a reasonable iime, thoroughly cook 
that side of the cake, and enable the cook to loosen the 
calce from the board and turn the other side to the fire, by 
which means the cake would soon become thoroughly 
cooked, thus producing, as I have always believed, the best 
bread ever made out of corn. The pone was considered 
the next best, but the dodger, being the most convenient 
and readily made, was most used. 

I do not wish to be understood that these very early set- 
tlers, or those that soon followed and joined them, lived by 
bread alone. Such was far from the case. Meat, after 
the kind, was quite plenty, and no one, as far as my rec- 
ollection serves me, suffered for want of meat of some 
kind. The country was full of game, such as deer, tur- 
keys and pheasants, all of which constituted a very savory 
meat, and were readily obtained by the skilled riflemen, 
and nearly all the male portion of the early settlers, even 
down to quite youthful lads, were skilled in the use of that 
weapon. There was also a sufficient supply of hogs for 



"OLD SETTLERS." 3S5 

the times, —some brought with them by the settlers, and 
some procured from Indians, a {g\y of whom followed 
farming rather than the chase, and hence had procured j 
quite a number of semi-tame hogs, which, when joined to j 
those brought by the settlers, furnished an ample supply 
of pork and a live stock to start with. The woods in every 
direction were pretty well supplied with hogs which had. 
strayed away from the Indians, and with their increase 
had become thoroughly wild. These hogs, both tame and 
wild, were called elm-eaters, and were peculiarly suited 
to the times and condition of things where they existed. 
They were long-legged, long-bodied, had extremely long 
heads and noses, with short, straight up ears, and would, 
at this age, present a sorry picture at a show of improved 
swine, but at the time answered a valuable purpose. The 
wild hogs could only- be made available during "mast" 
years, which, although occurring oftener then than now, 
did not occur every year, by reason of which many of 
these wild hogs lived to become three and four years old 
before they would become sufficiently fat to make it an 
object to hunt and kill them. 

They thus became fleet of foot and very savage, making 
their presence at times extremely unpleasant and danger- 
ous to the hunter, who had frequently to take to the near- 
est available tree for safety. During the non-mast years 
these hogs lived upon various kinds of roots they found in 
the woods, which they obtained by rooting with the long 
noses above mentioned. The principal root upon which 
they thus subsisted, so far as rny recollection serves me, 
was the sweet or slippery elm, of the bark and fibrous 
roots of which they (as are all hogs) were very fond. 
Hence the name, elm-eaters. There was no hog cholera 
in those times, nor do I recollect of any while the hogs of 
the country had plenty of woodland to range over — not in 
even the modern improved breeds. 



386 "OLD SETTLERS." 

While on a hunting excursion during the fall just, past, 
in passing through quite a large wood-pasture 1 discovered 
the bark of a large number of these sweet elm trees peeled 
from the ground up to the distance of about two feet, the 
trees being thus killed, I asked the owner, with whom ] 
was well acquainted, what so peeled his trees; to which 
be replied, his hogs. I then asked him whether Ids hogs 
had ever had the cholera, to which he replied, never 
among any that had been confined to this woodland, 
although Iris neighbor across the way, whose hogs had 
no such range, had frequently lost large numbers by that 
disease. Query — Did the elm bark have anything to du . : 
in preventing the cholera from visiting the hogs of the 
owner of this piece of woodland? 

To return to the wild hogs : When fattened on mast, 
particularly hickory and beech, the meat was very oily 
and sweet, would shrink largely in cooking, and, owing 
to its oily nature, would not make bacon to advantage. 
This meat, however, answered a valuable purpose in its 
time. The capture of these wild hogs, although attended 
with some danger, offered to the sportsman of that day a 
considerable amount of real enjoyment which the present 
generation of sportsmen can never appreciate or enjoy. 

Fish, which abounded in great numbers, and of the very 
best kind, such as bass, salmon, pike, buffalo, redhorse, 
etc., in White river and all its tributary streams, and were 
easily captured at all seasons of the year, entered as largely 
as was desired into the food of the settlers. 

Potatoes were raised the first year of the settlement in 
considerable quantities and of the very best quality, the 
new soil being better adapted to their growth and perfec- 
tion than that in long use. This valuable article soon en- 
tered and formed a part of the food supply. 

Owing to the rich and wild nature of the soil, wheat 
could not be grown to advantage for several years, hence 



"OLD SETTLERS 



337 



all flour used had to be brought from abroad, mostly from 
the Whitewater country, and was consequently very ex- 
pensive—so much f,o that but little was used. When used 
it was considered a great luxury. It may not be wholly 
out of place here to briefly describe the manner and by v 
what, means the cooking of the food, other than, bread, was 
done in those early times. It was done somewhat in this 
wise : For the purpose of boiling, a stiff bar or rod of iron- 
wood (when iron could not be had) was placed in the 
chimney lengthwise across the fire-place, the end resting 
upon the outer walls, about, midway from front to rear, 
upon which were placed several hooks made of small iron 
rods, or 01 wood when iron could not be obtained, and of 
different lengths, the whole being of sufficient height that 
the pots, or stew kettles, as they were sometimes called, 
when hung upon these hooks would swing free of the fire 
underneath ; in these pots or kettles were all boiled vict- 
uals cooked. For the purpose of roasting meats a strong' 
wooden pin was placed in the inner wall of the house im- 
mediately over the middle of the large open fire-place. 
The turkey or venison saddle (both of which were largely 
used), or other meat to be roasted, was fastened to the 
end of a small cord (wire when it could, be had), of suffi- 
cient length, so that when the other end was fastened to 
the pin in the wall the meat to be roasted would hang sus- 
pended immediately in front of the fire, and so near that 
the heat would soon, cook the part near the fire, and by 
occasional turnings the whole would soon become well 
cooked — a pan or dish of some kind being always under- 
neath to receive the dropping grease or oil. 

As an evidence of the great abundance of wild game in. 
this section of the country at that early day, and the easy 
manner of capturing the same, it is only necessary for me 
to state that Robert Harding, one of the very early settlers 
named in my former sketch, during the summer of the year 



; 



388 "old settlers:' 

1820, on one occasion pushed his canoe containing hismmt- 
ing material from the mouth of Fall creek (near which he 
was living) up the river to a point about the fourth of a mile 
below where the bridge across White river on the Mich- 
igan road is situated, being about five miles north of Fall ' 
creek, from which point he started homeward about 10 
o'clock p. m., and on his way home killed nine deer, all 
bucks, having determined that night to kill nothing but j 
bucks. On another occasion, during the fall of the same 
year, he and his brother Eliakim, who had by this time 
joined him, at a point near where the pork -houses of 
Kiriga'n and Ferguson now stand, killed thirty- seven tur- 
keys out of one flock, Robert killing twenty-five and Eli- 
akim twelve. This kind of slaughter was not frequent, 
but the killing of three or four deer, a half dozen to a 
dozen turkeys and fifteen or twenty pheasants by a single 
person in a single day or night hunt (deer being mostly 
killed in the night-time) was not unfrequent. 

It will thus be seen that the early settlers were very far 
from a state of starvation— that, on the contrary, they had 
a sufficient supply of good, substantial, wholesome food — 
a considerable portion of the meat used by them being 
such as would now, if it could be had, be considered a 
great luxury. Robert B. Duncan. 

January iS, iSjq, 






OLD SETTLERS' PAPERS. No. 3. 



In the two preceding numbers of these sketches I gave 
a brief account of what the food supply of the early set- 
tlers of this part of central Indiana consisted, and the man- 
ner in which it was prepared for use, etc. In this number 
I shall attempt to show >iiow and wherewith these early 
settlers were clothed during the first few years. Antici- 
pating some difficulty and. inconvenience upon that subject, 
the settlers brought with them such a supply of substan- 
tial clothing, or the material out of which to make the same, 
as their pecuniary circumstances seemed to justify, being 
in quantity and quality what was considered sufficient for 
one year's supply, and suited to the changes of the sea- 
sons. Next to a food supply, the industry of the settlers 
was directed to the production of the material out of which 
the future supply of clothing was to be manufactured ; 
hence, at a very early period, and as soon as sufficient land 
could be cleared, inclosed and made ready for the seed, 
near every farm-house could be seen a growing flax patch. 
This flax, when fully grown, was pulled and spread upon 
the same ground to rot, which process was soon accom- 
plished by the dampness occasioned by the rains and the 
nightly dews. When sufficiently rotted that the woody 
fiber could be readily broken and separated from the lint 
fiber, the whole was gathered up, and, after being dried, 
was, by the hands of the stronger of the male portion of 
the family, broken by the use of a kind of improvised ma- 

(389) 



390 "OLD SETTLERS." 

chine called a i( flax- brake, 1 ' whereby the woody fibers 
would become thoroughly broken and mostly removed from 
the lint fiber, the remainder being removed, by the whole 
lint fabric undergoing a process called " skutching," the 
lint at the same time undergoing a softening process, pre- 
paring it for the hand of the spin stress, 

By the process of what was called " hacking./' in vogue 
in those times, the tow was separated from the thread fiber, 
and by the use of the spinning wheel (the little wheel), in 
the handling of which the mothers and all daughters of 
sufficient age were skilled, the flax was made into a fine, 
strong thread, called warp,, and the tow into a coarser 
thread, used as ''filling." When thus prepared, by the 
use of a hand-loom, it was woven into a fabric called tow- 
linen. This was used for summer wear to a considerable 
extent by both sexes — that by the females being generally 
colored to suit the taste of the wearer; that worn be the • 
males was left uncolored. g 

As a means of providing for winter apparel, all settlers 
that could do so provided themselves with a few sheep, from 
which the}' procured wool ; and those who could not pro- 
cure sheep managed to purchase wool, which the good 
mothers and daughters manufactured into rolls by the aid 
of a pair of hand-cards particularly provided for the pur- 
pose and owned by most families. These rolls were soon 
spun into yarn by the same hands on what was called the 
" big wheel," making " filling " (sometimes used for knit- 
ting stockings), and when mixed with linen warp aiid 
woven, made an article called i4 linsey woolsey," which, 
when suitably colored, made a strong, warm, and rather 
handsome article of female apparel, and was considerably 
used. This same woolen yarn, when woven in connection 
with cotton warp, made what was called "jeans," and 
was used by the males, mostly the older class, and was 
generally colored* oftener butternut than blue. Some cot- 



"old settlers: 



39 1 



ton goods, such as cambrics, muslins, and such, were ap- 
propriately used by both sexes, but owing to their scarcity 
and consequent high price, their use was quite limited. 
The outer apparel of the male population, particularly the 
younger and more active, soon became buckskin. This 
material was frequently procured already tanned by pur- 
chase from the Indians, but more frequently b} r the party 
killing the deer, dressing and tanning the skin himself, and 
thus making it ready for the tailor. Usually the only ar- 
ticles Oi clothing made of this material were pantaloons 
and coats, called in these times "hunting shirts," being 
much in the shape and style, barring the neat fit, of the 
sack coat so much in use among the gentlemen of the pres- 
ent time. 

There being no professional tailors in the beginning of 
the settlement, and for some considerable time after, and 
this material beimx rather difficult for the seamstresses to 
handle, the thread used in its manufacture being the sinews 
taken from the legs of the deer or a thread called " whang," 
prepared by cutting a long strip as small as possible, so as 
not to make it too weak for the purpose intended, a large 
needle and a shoemaker's awl being used in the sewing 
process, each person, old or young, haying a sufficient 
skill, was under the necessity of making his own clothes. 

This was generally done in a strong, substantial man- 
ner, and when skillfully performed presented a very gen- 
teel appearance. 

When not so prepared it is not necessary for me here 
and at this late day to say more on the subject of appear- 
ance. 

It was soon found that this buckskin apparel was the 
very best that could have been devised for the country and 
times. It resisted the sting of the nettles, the scratch of 
the briers, the bite of the rattlesnake, and the penetration 



3Q2 "OLD SETTLERS." 

of the cold, bleak winds of winter, and at that time was 
cheap and within the reach of all. 

This kind of clothing, as in fact all other, was made quits- 
large, so that the wearer would feel free and easy in its use, 
The consequence of this was that at times in right cold v 
weather the wearer would stand so close to the large log 
fire that, without being conscious of it, his pants would 
get so hot that when suddenly pressed to his person by a 
mischievous associate, the warmth, would cause him to leap 
clear across the room under the impression that the great 
log fire had fallen upon him, Another peculiarity attached 
to this kind of pantaloons was that when wet, and allowed 
to dry without constant rubbing., they became quite hard 
and remained in the shape last left, and could not again 
be used until made soft by dampening. 

Indian-made moccasins, which were abundant and cheap, 
were. much worn by both sexes (particularly the younger 
and more active class) in dry weather both winter and 
summer, being very comfortable and pleasant to the feet 
and presenting a rather neat appearance. For wet weath- 
er strong, well made leather shoes were used. Bare feet 
were quite as seldom seen then as now. The head-dress 
for the male population for winter use consisted mostly of 
a strong, well made wool hat with a low, broad brim some- 
thing in the style of the hat in use. by the elder of the 
Quakers at this time. A rather unsightly but very warm 
kind of fur cap was used by some, made out of a well pre- 
pared coon skin. Forsuramerwear, a rather rough home- 
made straw hat was made out of the straw of rye, which 
was considerably grown for that purpose— the hat being 
very much in appearance and style of similar hats now in 
use. The female head-dress consisted in part of a straw 
bonnet made of the same kind of straw and in part of a 
sunbonnet generally made out of Some kind of fancy col- 
ored calico worked oyer a stiff pasteboard ; both straw and 



"OLD SETTLERS." 393 

srmbonnets being of a style then in use, and of such shape 
and construction as to protect both the face and neck from 
the hot rays of the summer sun and the cold blasts of the 
winter winds. Doubtless some other and more fancy kinds 
of head-dresses were procured from the merchants. But - 
as nearly three score years have passed since that time, 
and as my youthful observations may have been, and 
doubtless were, more closely directed to the goodly feat- 
ures and bright eyes of the fair wearers than to the par- 
ticular style of the head-dress, I do riot feel competent nor 
do I consider it my duty at this late day to more particu- 
larly describe the style of head-dress then in use. Suffice 
it to sa}- that it was sufficient to so protect the wearers that 
eye-glasses were not necessary, nor were they used by 
young ladies, either for the protection or concealment of 
their eyes ; nor was the use of starch necessary to give the 
countenance a light and fair appearance. j 

While there was very little money in circulation among 
the settlers, there was a valuable substitute to those who 
availed themselves of it, consisting of the fur skins of the 
raccoon and muskrat and the skin of the deer, all of which 
animals were quite plenty. A good deer skin taken in 
its season was worth fifty cents ; that of a raccoon thirty- 
seven and a half cents, and that of the muskrat twenty- 
five cents, in trade — the proper season for taking the deer 
with a view to the value of the skin being from about May 
1st to the middle of November; that of the raccoon and 
muskrat from December 1st to April 1st. There was, 
therefore, but a very small portion of the year that the 
skilled hunter and trapper could not in, that way and with- 
out any considerable loss of time procure means by which 
to furnish himself and his family, if he had one, with such 
articles of merchandise as were necessary and as the stores 
of that early day could furnish. All seemed to have had 
enough, when properly used, to answer reasonable wants. 



394 " 0LD SETTLERS." 

The fashion for ladies' dresses in those primitive time 
was plain, neat, and of such easy, genteel fit as to allow the 
free use of all muscles and limbs of the wearer. There wei ■ 
no such distorting and torturing fashions then as we see 
at the present time, in which the wearer of what is call. ,! * 
a fashionable dress is compelled to appear upon the streets 
and highways ; a dress which is in any shape but the 
proper one, and in which the powers of locomotion and 
physical action of the fair wearer are greatly abridged and 
restrained with a train (more properly speaking a mop) 
attached, and unavoidably collecting the filth of the streets 
and highways, and produced at a cost which, if properly 
made with a view to neatness and economy, would have 
furnished two dresses of the same material at the cost of 
one. False fashions too often make hard times. A semi- 
return to the fashions and habits of industry and economy, 
of the descendants of the early settlers of this our goodly 
land might prove both wise and beneficial at this age and 
time. Robert B. Duncan. 

January 23, iSjcj. 



OLD SETTLERS' PAPERS. No. 4- 






As there were no pre-emption laws in existence when the 
settlement of central Indiana commenced, nor when the 
lands were brought into market and sold, the permanent 
settlement and improvement can hardly be said to have 
commenced until the completion of the survey and the 
lands had been offered for sale at public auction, and when 
such as remained unsold were subject to private entry, 
which did not take place until the fall of 1821, although 
prior to that time quite a number of families had settled, 
(squatted) upon certain tracts of land, built cabins, and 
cleared up a number of acres upon which they had raised 
or were raising corn, vegetables, etc., for family use, trust- 
ing to Providence and the mutual understanding among 
the settlers that the occupant should have the first right 
and chance to purchase the tract so occupied and improved. 
In most instances the occupant got the land occupied ; but 
occasionally an ungodly sinner, with more money than the 
settler, who did not expect to become a citizen and occu- 
pant of the land, but purchased purely for speculation, 
would out-bid the occupant and take from him both land 
and improvements. 

This was not the safest way in which speculation could 
be made, and not much of it was done. Yet the uncer- 
tainty thus caused prevented anymore improvements from 
being made than were absolutely necessary for the shelter 
and subsistence of the settler and his family until he knew 



(395) 



3ou "OLD settlers:' 

whose land he was improving. There were no tramp*, 
" vags," or persons of evil repute in the country at tha: 
early date. The dependence upon each other caused de- 
ferences of education and station to disappear, and alnuxe 
absolute social equality prevailed ; hence every person U \ 
that he or she was the social equal of every other-person, 
each being ready and williryo- at all times to assist other- in \ 
the extent of his or her power, the latch-string always 
hanging out. 

The first business of the settler, after making his loca- 
tion, was to cut off and remove all the large timber from a | 
few acres upon which his cabin was to be built. Cabins in 
those early times were built entirely of round logs, from 
eight to ten inches in diameter, and of lengths to suit the 
builder, and were covered with clapboards. Where the 
family was large, cabins were in size about eighteen b\ \ 
twenty -five feet, one nine-foot story, with a rather low gar- 
ret bed-room above ; where the family was small, the i 
building was generally about eighteen feet square, with 1 
garret-room. Cabins generally had but one door and one 
window, but occasionally the larger sized had two of each. 1 
The chimney and fire-place were always on the outside o! 
the house, thus allowing the full internal dimensions for i 
the use of the family. The material being made ready 
and placed on the ground where the building was to be | 
erected, a day was fixed for the '* raising." To this all I 

the settlers for several miles around were invited and at- j 

I 

tended, it being understood that all were needed. There I 

was no shirking : " Help me and I will help you ; " " Re- a 
fuse to help rne and you are no neighbor, and you might 

as well leave." On the day thus appointed the cabin was | 

generally raised and put under roof. Cutting out places I 
for doors, windows and lire-place, putting m the doors and 

windows, building the fire-place and stick chimney, laying 1 



"OLD XETTLEJ IS J' 397 

the puncheon floors, chinking and daubing up the cracks 
between the logs, were done by the owner at his pleasure. 

Log barns and out-houses were added as soon as it could ; 

be done without too much of a drain upon the industry of 
the neighbors. These log cabins were very plain structures,, 
but were such as early settlers could possess themselves of, 
and when properly constructed, made a strong and toler- 
ably comfortable place to live in, much wanner and more 
substantial than many of the frame houses of the present 

time. Into these humble dwellings did the settlers and 

. i 

their families enter, and for many years live, more con- 
tented and happy, doubtless, than many now living in ele- 
gant and costly stone fronts. 

The next thing in order was for the settler, with all his 
available force, which frequently included his wife or 
daughter, and sometimes both, to clear off an eligible piece 
o( land upon which to plant a young orchard, all timber 
being removed from this piece. Here, as soon as the trees 
could be procured, was planted a small orchard. A few 
of these orchards, now more than half a century old, can 
still be seen standing, the hands that planted them having 
long since passed from earth, and the trees showing trie 
damaging effects of time. This land was generally culti* 
vated in corn or other crops for several years* 

The next thing in order in the clearing process was to 
deaden the timber upon a number of acres of the land to 
be improved, and then as fast as possible to clear up and 
put into cultivation as many acres each year as possible, 
this additional clearing being generally done by grubbing 
out all underbrush and cutting down all timber having a 
diameter of eighteen inches 'at a height of two feet from 
the ground, and all of a less size, all brush being burned, 
and the logs cut into suitable lengths for heaping and 
burning. Generally several acres on each farm were thus 
prepared during the winter. When thus prepared, a "log- 



39-S "OLD settlers:' 

rolling" was provided for and a day fixed to which all th< 
neighbors were invited. Sometimes the good wife would 
have connected With the "log-rolling" a "bed-quilting, 

to which all the women folk were invited and attended. 
This was frequently the occasion of much merriment and 
real enjoyment, winding up with a jolly dance, commonh 
called a " hoe-down." Thus from time to time for -.sev- 
eral years as new settlers would come in and purchase 
pieces of heavily timbered land, went on this routine ol 
house raisings, log-rollings, quiltings and dances. 

Corn husking, coupled with quiltings, and winding up 
with dances, soon became an additional means of calling 
the settlers of both sexes together, particularly the younger. 

This part of the country being so far interior and ap- 
proached only through the wilderness without roads, the 
early settlers were only able to bring with them such ar- 
ticles of furniture as they could not get along well without, ( 
and such as were light and not easily broken by the rough 
usage to which they would necessarily be subjected. 
Hence the household and kitchen furniture generally con- 
sisted of a reasonable supply of plain, substantial articles, 
embracing one or more leather beds, with the requisite 
bedding, a substantial set of pewter wear, etc. The 1 

greatest deficiency was in bedsteads, tables and chairs, 
there being no cabinet makers in the country, and no 
prepared material for them to work on had there been any. 
The first settlers were under the necessity of procuring 
these articles, or rather substitutes, for themselves, which 
they did in about tins wise : For bedsteads, an oak tree 
that would split well was selected, cut down, and a log 
about eight feet long taken from the butt and split into 
such, pieces as could be readily shaped into posts and rails. 
Another log not so long was split into such pieces as, with 
slight dressing, made slats. Holes were bored with a tol- 
erably large auger in suitable places in the posts for in- 



'OLD SETTLERS." 399 



selling the rails ; two rails were Used for each side, and 
about three for each end, the end rails answering for head 
and foot boards. Like aimer holes were made in the lower 



side rails at suitable points for inserting the slats. When 
proper!}' prepared this bedstead was put together by press- 
ing the rails and slats in the 1 voles prepared for each, thus 
making a rough but strong high-post bedstead, the posts 
at the top being tightly held together by rods prepared for j 
the purpose, upon which curtains were to be hung. Thus 
was created a bedstead. Generally two of these were used 
in each of the larger sized cabins, placed in the rear end 
of the cabin, so as to stand lengthwise with the tnd Avail 
feet to feet, with a space of several feet between beds. 
Curtains made of fancy colored calico were always 
hung upon these bedsteads, hiding from external view the 
deformities of the bedstead, presenting a rather neat an- 
pearance and making the beds quite private. Usually the 
old folks occupied one and the girls the other of these 
beds. For the boys and young men sleeping places were 
provided upstairs upon beds on the floor, there not being 
sufficient space between the floor and roof for bedsteads. 
A rough kind of cupboard was provided in all cabins by 
boring auger holes and driving" strong wood -pins in the 

o o 004: 

logs in the most convenient corner and in such position 
that when boards (clapboards, in the beginning), were 
placed upon them would furnish a rather convenient but 
not very sightly place upon which to put the dishes. Being 
always open to view, the tendency was to cleanliness. 
For tables, a large tree was cut down, and a log, the 
length, desired for the table, was cut off and split into 
pieces (slabs) as thin as possible. These slabs were gen- 
erallv two feet in width and six feet in length ; when 
dressed and made as thin and smooth as possible two 
were put together with strong cross pieces tightly pinned 
with wood pins, the whole set upon four strong legs, thus 



400 



'OLD SETTLERS. 



making a strong but rough table four feet in width and 
feet in length, the size of the table being governed bv the 
size of the family: For seats benches were made of tin 
same material as the table, about fifteen inches wide, som 
the full length of the tables, others not longer than two fe< ■• , 
each, . standing upon four strong wood legs; these were 
provided in such numbers as were desired. 

This rough furniture necessarily continued in use until 
saw mills came into existence and cabinet makers and 
chair makers made their appearance in the land. Then 
the bedstead gave way to those of better style and finish, 
but the curtains were retained ; the rough tables gave way 
to those more elegant and convenient made by skilled 
workmen, and the benches and stools gave place to the 
current chair. Several years were required to bring about 
this change. 

The system of settlement and improvement thus com- 
menced was continued with such changes as increased 
numbers and wealth from time to time made proper and 
necessary until the spot which in the beginning was an 
unoccupied and dense wilderness became the beautiful 
railroad city, with a population numbering one hundred 
thousand. /The surrounding country having been opened 
up became a land of great plenty and beauty. 

Much has been spoken and written about the sickly 
character of this country at the commencement of the set- 
tlement and for many years after, much of the alleged 
sickness being attributed to the log cabins in which fam- 
ilies had to live, cook, eat and sleep in the same room, 
much more than was warranted or justified by the facts. 
On account of the malaria created by the decaying timber 
caused by clearing up the country, the annual decay ot 
the rank growth of wild vegetation, turning up and ex- 
posing to the hot sun the new soil, ?nd the undrained 
condition of the country, there was unavoidably some sick- 



"OLD settlers:' 40 ] 

ness of a malarial character here in early times, as there 
has been and will continue to be in all new countries hav- 
ing a rich and productive soil, as this had ; but the amount 
was not half as great as charged, nor was the fact: that 
whole families lived, cooked, ate and slept, summer and v 
winter, in the cabin with' one room below and a garret bed- 
room above, the cause of the sickness, when sickness did 
exist. The fact that the settlers, by reason of their scanty 
house room, were constantly brought into contact with the 
purified atmosphere created by the heat of the fire neces- 
sarily used, protected them from the malarial diseases so 
much complained of. The facts were that in those early 
times numbers of persons and families came to this new 
country from older states and thickly settled neighbor- 
hoods where they had neighbors and associates and plenty 
of them, and who from habits of life were not suited to the 
changed condition in which they were placed by the re- 
moval. As a consequence they became disappointed, dis- 
satisfied, and were seized with a constant desire to return 
to the country and place from which they came ; in other 
words they became " homesick. " No little of the alleged 
sickness consisted purely of this homesickness, and readily 
disappeared when the afflicted got back to the happy land 
from which they had so unwisely emigrated. Occasionally 
these unfortunates fretted and worried themselves into a 
real spell of sickness. As might have been expected, there 
was some sickness in those early times, which, as I have 
always believed, was greatly aggravated by the ignorance 
of some of the earlier doctors. The physicians who first 
came amongst us seemed to be wholly ignorant of the 
malarial diseases peculiar to the country. They generally 
provided themselves with a goodly supply of the largest 
and most approved lancets and unmeasured quantities of 
English, calomel. With these evidences of medical skill, 
a flaming sign, painted on a clapboard, was hung out, and 



4 o 



«-/o3 



"OLD SETTLERS. 



as opportunity offered these men of science and great iWd 
ical skill went forth first to take from the unfortunate pa 
tient all the blood that could be extracted from his vein 
without killing on the spot, then was dosed out calom 
enough to. kill the largest sized gorilla, which the pan - 
was required to take in doses indicated. lie was to h< 
kept confined in a close room so that not a breath, of pur-* 
cool air could fan his cheeks or kiss his lips, and was to 
have neither meat nor drink, warm water alone excepted. 
This practice, while it lasted, greatly aggravated disease. 
It killed quick but cured slow. It was far less skillful 
than that practiced by the Indian doctors. Happily this 
ignorance was not winked at and soon gave way to a more 
intelligent and health restoring system, not, however, un- 
til some of those practicing it had justly subjected them- 
selves to the soubriquet of " Death on the Pale Horse." 

Not quite three score years have passed since the settle- 
ment of this part of central Indiana commenced. Yet ah 
those who settled as early as the spring of 1820, and who 
at the time of settlement had attained the age of manhood 
and womanhood, have passed from earth. A few of their 
children who at the time of settlement had not in point of 
age attained their teens, still remain living witnesses 01 
the great changes which have taken place since that time. 
The fingers upon the good right hand would be sufficient 
to number them all. As to these also will soon be verified 
the truth of the words of the Psalmist, when he said : 
" For man his days are as grass. As a flower of the field, 
so he flourisheth ; for the wind passeth over it, and it is 
gone ; and the place thereof shall know it no more." 

February /, iSyg. Robert B. Duncan. 



INDIANA HISTORICAL SOCIETY PUBLICATIONS 

VOLUME II. NUMBER II. 



DOCUMENTS 



RELATING TO THE 



French Settlements 



WABASH. 



JACOB PIATT DUNN. 



INDIANAPOLIS: 

THE BOWEN-MERRILL COMPANY 

1894. 



4c4 



INTRODUCTO- 






The following papers relate to Vincermcs and the Wa- | 
bash country, and more or Jest; to the entire Ohio valley. | 
They almost cover the period of English possession of this j 
• part of the United States, the first being the last orders of 
the last French commandant of Post VTncennes, and the j 
last being a letter of the last English commandant. With I 
the exception of the G-age correspondence and papers they j 
are arranged in order of date. The Gage papers, beginning ' 
with the letter of Ste. Marie, or Jean Baptists Racine, j 
acting commandant of Post Vmcennes, to General Haldi- i 
mand, and closing with the letter of General HaJdimand I 
to General Gage, in regard to the matter, show the proof 
of legal title and right of settlement in the French people 
of Vincennes which was demanded by the famous letter | 
of General Gage in 1773. This letter will be found in j 
Dillon's History of Indiana at pages 86-88, 

I obtained copies of these various documents when writ- 1 
ing my '-'Indiana" for the American Commonwealth series, j 
The farewell proclamation of St. Ange was furnished to | 
me by lion. C. B. Lasselle, whose ancestors were arnoi^ 
the ancient residents of the Wabash country. The re- I 
inainder were obtained from the Canadian archives. I | 
have reproduced the originals as nearly as possible in | 
spelling and punctuation. In translating I have endeav- ! 
ored to give the ideas that the writers, in my opinion, en- 
deavored to convey. J. P. Dunn. 

Indianapolis ', January 22, rSpg. 



(405)- 



Frencli Settlements on the Wabasli 



FAREWELL PROCLAMATION OF LOUIS 
ST. ANGE. 

En vertue de l'ordre M r cle Neyon Major Commandant 
au paves des jlllnois de nommer une personne veller a la 
pollisse et mantenir le bon order entre les habittans de ce 
poste \ Ussi que des vollontaire et lessauvage — Nous Cap- 
itaine reforme etante sur le point de partir pour les jlllnois 
pour nous randre au ordre de monsieur de Neyon nous 
avont nomme monsieur deroite de richarville, fesint les 
fonciion:- de Capitaine de millisse conjolntement avec le. 
St. le Gaindre Soldat des troupe — leur premier soint doit, 
etre de maintenir la bonne jntelligensse entre les Sauvage* 
Empeehaire le desordre au terns quil dependera d eux lors 
qui letir sera porte des plaintes centre quelqun jl le vont 
attantion de faire im assanble des plus notables entre les 
habittans du lieu ou.x la chose ce dasidera a )a pluralite 
des suffrage, 

Messieur de roite cle richarville et de Caindre ne peuve 
trop veller a ce que les habittans entretienne leur cloutures 
etante de 1' interait du publique a ce que les animaux ne 
passe de ter an grains, jl soposeron autant quil pouvont 
au desordre qui n arive que trops souvant ocasionne par 
la boissons. lors quil vienclera quelque nouvell quel soit 
jnterressante au bien an service jl auront attention de nous 
les faire assavoir En fin pour tous les cas que nous ne 
ferions preyoire nous nous enraportant a leur bonne con- 
duitte et a leur application pour le bien publique. 

donne au poste Vincene le i8me May 1764. 

St. Ange. 
(4°7) 



4°^ • FRENCH SETTLEMENTS 

(Translation.) 

By virtue of the order of M. cle Neyon, Major C.ohv 
manxlant of the Illinois country, to name a person to at ten 
to the police, and to maintain good order among the cit:« 
zens of this post, as also of the voyageufs and the Indiana 
— I, invalided Captain, being about to depart to the LUi- 
nois country according to the order of Monsieur deNeyoa 
have named Monsieur Deroite de Richardville, perform- I 

itig the functions of captain of militia, jointly with Sr. hi 
Caindre, soldier of the troops. Their first care should he 
to maintain good feeling among the Indians to prevent 
disorder so long as they are in charge. Whenever com- 
plaint shall be made to them against any one they will 
proceed to call an assembly of the more notable of the 
citizens of the place, where the matter shall be decided by 
a plurality of votes, 

Messieurs Deroite de Richardville and de Caindre can 
*not watch too carefully that the citizens keep up their 
fences, it being to the public interest that the cattle should 
not pass from the commons to the grain fields, They will 
check as far as they are able the disorders which occur too 
frequently, occasioned bv drinking". Whenever any news 
shall come to them which may be of importance to the 
good of the service they will take care to apprise me 
of It. Iti conclusion, in all cases which I have not been 
able to foresee, I depend on their good management and 
their devotion to the public, welfare. 

Given at Post Vincennes the 18th of May, 1764. 1 

St. Ance. 



REPORT OF LIEUTENANT ERASER. 

Sir — A detail of the different occurrences of my late 
journey through the Indian Nations, cou'd neither be very 
entertaining, nor interesting to any others, but myself, At 



ON THE WABASH. 4O9 

your request Sir, I will endeavour to give you a disc-rip- 
tioti of the countries through which J passed which is a 
thing however I should not attempt were I not confident 
that you will have the goodness to excuse any inaccurufies 
you may find in it w hither occasion by hurry or proceed- v 
ing from mv incapacity. 

lam very sensible that my pen can not do justice to the 
beauties and conveniences that nature has bestowed on 
the large tract of country lying hitherto uninhabited be- 
tween Fort Pitt & the Illinois on both sides of the Ohio. 

After traversing" ninety miles of a beautiful country 
lying between New York & Philadelphia, and traveling 
from that place to Fort Pitt, distant 320 miles the greatest 
part peopled by very wealthy inhabitants I thought I coir d 
see no other that cou'd excel it. I was -soon convinced 
however of the contrary on my proceeding down the 
Ohio on my way to the Illinois. That river (very properly 
termed La Belle Riviere by the French which is the lit- 
teral translation of the Iroquois name) is formed bv the 
confluence of the Allegeny & Moningahila Rivers, at Fort 
Pitt where they lose their names as the Ohio does by fall- 
ing into the Missisipe about forty leagues below Fort Char- 
ters & almost due West from Philadelphia after running 
about two thousand miles in a serpentine course through a 
country abounding with an incredible quantity of game ec 
constantly presenting different agreeable prospects to the 
Travelers view. 

Tho' this River is considerable at Fort Pitt for its size 
during the greatest part of the year, yet it is very much 
increas'd both in Depth and Width by the many Rivers 
that Discharge themselves into it. The most considerable 
of these are the Muskingum, whereon the Delaware live. 
The Canaway wdiich comes from the back Frontiers of 
Virginia, the Scioto on whose Banks the Shaw T anise dwell, 
La Riviere de Rochers, which begins at a little distance 



4 J ° FRENCH SB TTLEMEN TS 

from the Miames, the Guabache which comes from u. ;; 
the same place & the Cumberland & Cherokee Rivcis 
which fall into it considerably lower. These lesser rivci 
are navigable for Battcaus during the greatest part oi ti 
year. From the middle of October to June, 8 mouths. 

There are no Indian Nations living contiguous to the 
Banks of the Ohio, but those two I have just mentioned 
The Delaw & Shaw & the Mingos or Senecas who live «. 
little above Fort Pitt—excepting those of Ouabache on 
which there are five nations, Ouiacritonons; Quicapous. 
Mascoutains, Piankishaw <fe Virmillion, settled besides a 
French Village called St. Vincent in which there are about 
sixty farmers who raise a considerable quantity of Wheat 
and Tobacco, and have a good stock of cattle. 

Between thisrRiver and the Illinois are several very ex- 
tensive plains on which there are always vast numbers oi 
Buflaloe & Deer and every other species of game common' 
in that country. 

The soil in the Illinois settlements is not so good as at 
any of the places I have already named owing perhaps to 
the quantity of sand mixed with it by the Missisipe, the 
Inhabitants, suppose that the River overflowed formerly, | 

all the land at present cultivated in that Colony & the sit- 
uation with some other vestiges seem to give great proba- 
bility to their conjecture. . i 

The land however is capable to produce anything which 
one cou'd expect in so northerly a climate. They raise a 
great deal of wheat & Indian corn, they have also most 
kinds of European fruits and vegetables, tolerably good 
considering the little pains they give themselves in culti- 
vating them. They have attempted to rear the European 
vines, which they say they cou'd not bring to any perfec- 
tion, but I impute their having given it up of late more to 
the want of skill in those who planted them, or the Mon- 
arch's Injunctions prohibiting the raising any thing which 



ON THE WABASH. 411 

might interfere with the staple commodities of the North- 
ern Country. They make however a. very bad Wine, from 
the natural vine of the country which grows spontaneous 
in every pari of that Colony, this Wine tho' seemingly very 
unhealthy is sold at a most exorbitant price, when they 
have none else to drink. 

The Illinois Indians are about six hundred & fifty able 
to bear arms. Nothing can equal their passion for drunk- 
en ess 'j but that of the French Inhabitants, who are for the 
greatest part drunk every day while they can get Drink to 
buy in the Colony. They import more of this article from 
New Orleans than they do of any other, and they never 
fail to meet a speedy & good market for it. The)' - have 
a good man)' Negroes, who are obliged to labour very hard 
to support their masters, in their extravagant Debaucheries. 
Any one that has had any dealings with them, must plainly 
see, they are for the most part transported convicts, or 
people who have fled for some crimes. Those who have 
not done it themselves are the offspring of such as those I 
just mentioned inheriting their Forefathers vices. They 
are cruel and treacherous to each other & consequently 
so to strangers. They are dishonest in every kind of Busi- 
ness & lay themselves out to overreach strangers, which 
they often do hy a low cunning peculiar to themselves, and 
their artful flatteries with extravagant entertainments (in 
which they affect the greatest hospitality) generally favour 
their schemes. 

There is a rich Lead Mine in that Colony from which 
they get all the lead, that is needed in the country, and a 
River, the water of which (tho' fresh to the taste) they 
make a sufficiency of salt for the consumption of the In- 
habitants. But these latter conveniences are unluckily on 
the Western or Spanish side of the River. 

The trade of this Country is extremely considerable, till 
of late years it was wholy monopolized by the leading 









. 



4 1 2 FRENCH SE TTLEMEN1 S 

men in New Orleans, but since the last peace, they h . 
allowed any one that wou'd pa}'' the fees of a passport I 
go to our side of the River and amongst our Indians. Thi 
was a very political scheme in them, as every trader b« - 
came a Partizan for the French in the nations we trade I 
to, or in other words, the introduced those traders, who 
are in general most uncon-ciencious Rascals and made h 
their interest to debauch from us such Indians as the} 
found well disposed towards us— and to foment & in- 
crease the animosity of such as the found otherwise ; to 
this we shou'd alone impute our late war with the Indians, 
whom they unwarrantably supplied with ammunition and f 
every other thing necessary for carrying it on. The N. 0. j 
Company for the Fur trade have confined their commerce 1 
to the Missoifris River since, which falls in about five 
leagues above our most northern settlement in the Illinois, 
private traders are permitted to go every where else, and 
many of them come to our side to trade, particularly into 
the Illinois River from whence they get a great share of j 
the trade of that Colony. 1 

I discovered also a few days before I left the Illinois 
that many traders who are permitted by us to come up 
from Canada with small quantities of goods, on their ar- 
rival in the Indian Nations commissions great quantities 
of goods from the French Merchants at the Illinois with j 
which they purchase skins in the neighbourhood of our 
Posts & transport them afterwards to the Illinois — but 
this I hope will be put a stop to when we have troops 
enough in that Colony to establish proper posts or enable 
the commander to send Detachments to detect any we may I 
find committing such Frauds. 

When our traders arrive from the Post they can under- | 
sell those of the French at least 25 per cent, for which 
reason you may depend Sir that they will use all their 
endeavours to create us as many enemies as possible as 



ON THE WARASK. 413 

\\\cy will have the whole trade of every Nation they can 
engage in a war against us. They have an astonishing 
sway over the Indians, and they will not fail to put it to 
;he proof, to procure themselves .Profit. In short Sir it is 
my humble opinion, that our Countrymen at the Illinois 
will never have a real peace while they are rivals with the 
French in Trade. 

The French Commandments have always been sharers 
in the Profits of the New Orleans Company and do every- 
thing in their power to promote their common Interest. 
They will make eternal professions of Friendship and 
£ood Offices with every Englishman with whom they have 
the least intercourse, but their double manner of acting 
shou'd put us on guard to trust them as little as possible 
& to suspect them of doing us every harm possible in pri- 
vate. I have the honor to assure you of this Sir, from my 
own experience not from conjecture, and such as have had 
any business with them regarding his Majesty's Service 
must have met the same — if any shou'd pretend to say the 
contrary it must proceed from their having mistaken their 
flattering protestations for sincerity so far as to overlook 
their cunning designs. I have on many occasions been 
flattered by them & had compliments paid me that 1 
had no tittle to a consciousness of the smallness of my own 
merit convinced me that they were covers for some hidden 
designs & the Commander in Chiefs gave me sufficient 
precautions on this head, to keep me always on my guard 
& to supply my want of Penetration. 

You will think Sir from my account of the French in 
that new Colony that his Majesty has not made very val- 
uable acquisition if we consider only the number of new 
Subjects he has got in that Colony, and I assure you Sir 
that we would be as well quit of them, if the Troops in 
that country unfortunately depend on them in a great 
Measure for their provisions — You have heard Sir how the 



4 1.| 



FRENCH SETTLEMENTS 



greatest part of those who inhabited our side of the Hi- 
abandon it on our getting possession of the Colon 4 , 
Their desertion was undoubtedly occasion 'd by the ; 
ports spread to paint the English government in as bad 
light as invention cou'd frame it, but it is to be hop - 
they will see how they have been imposed on and that so 
many will come back as will be able to supply our Trooj 
plentifully. 

The French have had Besides Fort Charters a small 
Fort at Cascaskias and another at Coake, there Was ; ! . 
third called Assomption on the Bank of the Ohio opposite 
to the mouth of the Cherakee River, besides two Forts c -, 
Ouabach the one called the great Ouiachtonon was de- 
pendant on Canada cc the other at little Ouiachtonon or 
S* Vincent— -dependant on Orleans all those excepting 
fort Charters are intirely in ruins, some of them that y< l: 
can scarce see any appearance of they did not seem t- 
me of any great consequence were they even on a better 
footing as they were situated. The Fort of the Natchez is 
little better, the Barracks and everything in them seem to I 
have been destroyed through wantonness. I am much sur~ 
prised that we have not inquired of the. French their Rea- 
sons for abandoning them so abruptly, without giving us 
Regular possession of them. I took upon myself to as): | 
their reasons for so doing but I could never obtain any I 
answer, perhaps owing to the difficulty of giving a proper 
one, or perhaps they did not look upon me as a person of 
sufficient consequence to inquire into those matters. 

I forgot to mention Sir the number of Inhabitants at the I 
... 1 

Illinois and it is a thing which is very difficult to assertam 

as they are going <k corning constantly to & from the In- 
dian Nations, as others are from New Orleans to the 
Illinois, but there are in general about seven hundred i 
white men able to bear arms. 

It remains onlv now to mention something of the In- 



OX THE WA BASIL 415 

dians in general. What can be said of one, may be apply'd 
to all, there is so great a Similitude between them. 

The Indians are cruel, treacherous, and cowardly un- 
less they can surprise their enemy without probability of 
suffering any loss themselves, but in that case they attack 
often ten times their own number. They are in general 
great Drunkards. J must except the Ozages nor are the 
Akansa or Chicasas so passionately fond of drink as other 
Nations are. These two are extremely like each other and 
are more remarkable for their attachment to the white 
people than, any other. 

As the Chicasases have ever been faithful to us they 
shou'd be distinguished by our favours to them before any 
other Nation, and showing a partiality for them before other 
Indians might inspire others with a resolution of imitating 
their fidelity Drink is the occasion of all our troubles 
amongst them and it were much to be wished that the as- 
semblies or councils of the neighbouring Provinces would 
restrict the sending 1 of it, as has been done to the North- 
ward. I am persuaded Sir, when you well learn the li- 
centious methods of carrying on the trade amongst them, 
that you will use your endeavours to prevent the fatal con- 
sequences we shou'd dread from it. I know no body so 
proper to inform you Sir minutely regarding it as Mr. John 
Mcintosh comrnissaiy of the Chickasaws you need not ex- 
pect to come at the truth from any Trader, but you may 
safely trust to his information, as I know him to be a man 
of such honesty that nothing could make him conceal any- 
thing which regards his Majesty s Service or which you 
would be desirous to know. 

I know no place (as I had the honour formerly to tell 
you Sir) where we shou'd establish a Fort at sooner than 
opposite to the mouth of the Missouris River which would 
give us the command of that River, shou'd we find it here- 
after beneficial & wou'd also put a stop to French trading 






4 1 6 FRENCH SETTLE M ENTS 

up the River, a Post at the mouth of the Ouabache wou'n 
also be necessary to command the navigation of that rivi 
and the Ohio, & as a store to secure provisions or cfoo ' 
incoming from Fort Pitt, shou'd it be thought hereafti 
more expedient to go from thence by land to Fort Charter 

I think also that the mouth of the Yasou is a more prop* I 
place for a Post or Settlement than any other place on the 
Missipi, as it is the common route of the Creeks an 
Chactaws going to New Orleans. 

I beg leave to Inform you Sir that I think if we could 
prevail on a few Indians to live at the Iberville with the I 
detachment we get there, might be very servicible in kill- 
ing game for the Troops, and their wives & children wou'd 1 
always be good pledges for their Peaceable Behaviour, 

I have the honour to be with true respect Sir your most | 
humble Servant Al p " Fraser. I 

Pensacola 4th May 1766, 

P. S. The Commandants of the French Troops in the j 
Illinois were always impowered to prohibit the exportation 1 
of any provisions from the Illinois till the Kings Maga- 
zines shou'd be first supplyd. This however the com du | 
•often permitted in consequence of pecuniary considerations J 
from those who exported them I think Sir that your In- j 
structions on this head to your Commanding officer there j 
would be necessary. The Inhabitants might otherwise ex- * 
port their grain and sell it at a lower price to the French I 
that we might offer them for it. I know their antipathy to 
pur Nation would make them embrace with great cheerful- j 
ness any sufferings or loss should they in any manner tend 1 
to distress us. | 

In consequence of Mons r Auburys intercession I under- | 
stand by a letter from General Gage to him, that there are 
no reprisals to be made on the Indian Alibamons who lately, 1 
so grossly insulted us at the Iberville — as the Tonicaws j 
have not been punished either for having beat back the j 



ON TILE WABASIL ^h 

22(1 Regiment, they may think that they may always ex- 
pect to commit the same Hostilitie with impunity. I think 
Sir it would not be improper to signify to them that must 
expect to be all cut off shou'd they for the future give rea- 
son to suspect their good intentions-— -nor do I think- it 
would be wrong to punish them accordingly. The Chica- 
saws are the Proper Instruments for this duty. 

Al* Fraser. 



THOMAS HTEJTCHINS TO GEN. HALDIIvIAND. 

Fort Ckartres 15th Nov r 1768. 
V.— 15 of October. 

Sir — Please to allow me to observe that your Exalted 
Station like many other high places in life, is not I pre- 
sume free from some degree of care and trouble, at least 
so much as to deprive me of the smallest hopes of the 
Honour of your correspondence, however abstracted from 
the great obligation a letter from you would lay me under. 
I shall beg leave to intrude so much upon your time as 
may be necessary for the perusal of the enclosed it is a 
short description of the Country near (and River of) the 
Ohio from Fort Pitt to its junction with the Mississippe. 
You have it in the form of a journal wrote in haste. I 
natter myself it may notwithstanding serve to assist in 
passing a few of your leisure minutes. 

I would trouble you with the Occurrences of this place, 
but am apprehensive that a detail of them would swell this 
letter to a tedious length, 3-011 will be pleased therefore to 
excuse the liberty I have taken in referring you to M 1 
Hutchinson to whom I have wrote a particulars of them. 

The Fever and Augue since our arrival has raged with 
such uncommon violence as to put it out of our power to 
do scarce anything more than to bury some of our Officers 
and Men who were carried off by those disorders, 



418 FRENCH SETTLEMENTS 

We expect next Spring if the Health of the Garrison 
permit to take possession of Post St Vincent on the Oua. 
hache, if I should be furnished with any Occurrences worth 
your notice during my stay there, I shall do myself the 
pleasure to acquaint you with them. 

Colonel Wilkins who is quite recovered from his illness 
has desired me to present you with his most respectful 
compliments. 

It will always afford me pleasure to be favoured with 
your commands. 

I am with the Greatest Respect Sir, your most obedient 
Humble Servant Tho : Hutchins 

N. B, I must pray you will not \ I 

permit any Person to take a copy > 
of the enclosed. ) 

To Brigadier General Haldimand. 

JOURNAL FROM FORT PITT TO THE MOUTH 
OF THE OHIO. 

In the year 1768. 

The country for 71 miles below the Fort to an Indian 
Village situate on the north bank is broken with very high 
ridges, the valleys narrow and the course of the River 
plunged from many high grounds which compose its banks, 

qo t miles lower down is the Mas kin gam on the same 
side, in latitude 39 19/. The Muskingum is a large River 
2<o yards wide at its confluence with the Ohio, it is said 
to be navigable 150 miles upwards with Battoes, and runs 
through a pleasant country as that near its junction ap- 
peared to be — on tins River and its branches most of the 
Delaware Indians reside. 

366 miles from Fort Pitt in Latitude 3S 22' is the Sioto 
River on the North Side. The River Ohio 50 miles above 1 
Muskingum to Sioto is most beautiful a number of Islands 
are to be seen of different sizes, but all covered with the 



ON TJJE WABASIL 4.19 



Tallest of Timber. The long readies among which is one 
of 16 miles, and a -l : inclosed with the finest Trees of different 
kinds, of various verdures and leaves of the largest soils, 
afford a noble and enchanting prospect. The stillness of 
the current and a calm sunshine put a Trace on the Water, 
from which was reflected the most beautiful objects of 
simple nature, that I ever beheld, This glorious Vista was 
terminated by two Sugar Loaf Hills, of easy asscent, from 
which can be discovered all this magnificent variety. The j 
Rivers Hockhocking & Canawha fall into the Ohio in this 
space, besides others of a smaller size, up the big Can- j 
awha the Northern Indians penetrate into the Chorakee 
Nations, and is a large fine stream by report navigable 100 
miles towards the Southward. 

The Country is everywhere pleasant, in the bends of the j 
River course are large levell spotts of the Richest Land, 
it is by the account of Traders remarkably Healthy. , 

On the Sioto the principal part Of the Shawanoe Na- 
tion have their Villages 560 miles below Fort Pitt, 5 
miles south of the River is the Licks in which Elephants 
bones are found, the principal Lick is of a circular form, 
composed of a species of Quick Sand and Black Mud 
which is of a very Miry Quality. From whence these 
animals came, and the cause of their Extinction may be a 
subject for an able Penn to discuss. It however seems 
not improbable, but that the whole which were in tins 
Countiy (by what means soever they were brought) kept 
constantly in one Herd and that arriving at the Licks in a 
wet season, and entering to satisfy their natural thirst for 
the salt water which arrises from them, some of them 
might by their great weight have sunk so deep as not to 
be able to rise out & the others out of sympathy, or some 
other cause, not being willing to leave their companions 
in distress, have shared the same fate. The pasturage 
near the Licks seems to be one of the finest kind, mixed 
with grass and Herbage, and well watered. 



4?D FRENCH. SETTLEMENTS 

The Ohio continues to be narrow the whole Distance 
from Fort Pitt to within 100 miles of the Falls. Its breadth 
seldom exceeds 500 yards and is confined by rising grounds, 
which causes many windings, a-ltho the reaches are some- 
times from 2 to 4 miles long. The River joo miles above 
the Falls widens to 700 yards in many places, a number of 
Islands appear. The- grounds diminish generally into 
Height, and the country is not so much broken — the 
height of the Banks permits their being every where in- 
habited, nor do they seem subjected to crumble much 
away. The Little and Big Ivlineamies Rivers fall into 
bdowthe Sioto on the North side, and the Licking Creek 
and Kentuckee on the South. There are many good En- 
campments on the Islands. 

The Falls is 682 miles below Fort Pitt in Latitude 38°8'. 
This place ought rather to be called a Rapid, as the 
streams lias no sudden pitch, but only Runs with incon- 
ceivable rapidity over the Ledge of flatt Limestone Rock, 
which keeps up the waters of the higher Ohio, and to be 
the cause of that beautiful stillness of the Rivers course 
above. 

317 miles below the Falls is the Wabash in Latitude 37° 
41'. From the Falls to about half this distance the coun- 
trv is very Hilly, the course of the River very winding 
and narrow and the Hills are mostly strong and steep. 

837 miles below Fort Pitt the Ridgy ground disappears, 
the country grows flat and the River whose Bed widens is 
often divided by Islands. The River Wabash at its con- 
fluence is 300 yds. wide and Issues in with a considerable 
quantity of water of a muddy kind, it is navigable be- 
tween 3 & 400 miles upwards. Post St Vincent a French 
Village is situate 60 leagues up it and nearly the same dis- 
tance further up stands the Village of Ouiatanon. The 
Following Indian Nations reside on this River, Vizt. Oui- 
atanons Kickapoos Pyankashaws, and Musquetons. 



02\ T THE WABASH. 42 I ] 

The country between the course of this River and that 
of the Mississip'i is general Flatt, open and of a rich] 
luxurient soil, and that on the Banks of the Ohio is level, j 
and in many places overflowed here abouts. 

120 miles below the mouth of the Wabash and ir below J 
that of the Cherokee River is the remains of the Fort 
Massiac, formerly a French Post. 

The country 25 miles from the Wabash begins again to 
be mountainous being the N. W. end of the Apalachian 
Mountains which entirely terminate a small distance from 
the River Northernly. 

45' miles below Massiac and 1164 from Fort Pitt is the 
mouth of the Ohio in Latitude 36° 43'. The gentle Ohio 
is pushed back by the impetuous stream of the Mississipij 
whose muddy white water is to be seen 200 yards up the 
Former. The ground for some miles within the Fork is an] 
aggregation of mud and sand interspersed with marsh and; 
some ponds of water, and is in high times of the Missis-j 
sipi over flowed which is the case with the other sides of] 
both rivers. Tuo. Hutchins. 



STE. MARIE'S LETTER TO GENERAL HALDI 

MAND. 

Monsieur— *je suis trop remplie de respect pour tout cej 
qui porte l'emprinte de Fotorite pour avoir manque a fairel 
reponse a celle que votre Excelence marque m'avoir ecritej 
apres le depart de Monsieur le general Gage. Voicy la 
seulle que Mons r Maisonville m a remize ; a laquelle je 
repond avec tout 3e respect possible. 

Pour faireurie plus juste reponse a celle que Monsieur, 
le general Gage nous honora et a la proclamation qu *il 
nous envoya en date du 8me Avrii 1773, je ne pui me dis- 
penser de faire le voyage des Illinois avec Mr. Perthuit qui 
fui depute pour cette affaire parcequne.partie des titres de 



4 22 

cette endroit etoient dans les archives de ce pioste une 
autre partie emporte par un M. Clouvier cy deveh hotaire 
et que la mauvaize conduitte obliga de partir furtivement 

d'autres mange des rats &c. 

En fait du ressencement que vostre Excelence exfge de - f 
nous, il n'est pas surprenen qu'il ne lny fui. pas encore 
parvenuc puis qu'il ne put estre party des Illinois qu'au 
commencement de Septembre. II a ete rait tel qii' ieto'it 
la formal que Monsieur le general Gage nous envoy a et 
qu'il recommendait suivre exactement. 

Nous y avons joinn le certifrlcat de M r S* Ahge qui a 
longtemps commande en ce poste an noiri du Roy de 
France legalize par M r Pierre Nasse, commendent en chef 
a S l Louis et de M r le Capitaine Laird qui a bien voulue 
se charger du tout pour le faire parvenir a Monsieur le 
general Gage n'eteiat pas prevenue que Vostre Excelence 
gouvernoit en sa place. 

Nous sommes tres persuade que des affaires ainsi mal 
en crdre ne pouroit avoir qu'un tres meauvais succes si 
nous rfavions pas la plus ferme confience dans les vertues 
de vostre Excelence et sous la protection de laquelle nous 
nous metons ; et cornme c'est les propres des grandes 
ames de s'interesser pour un peuple malheureux, nous la 
supplions de nous estre favorable et faire chouze digne 
d'elle et ne cesserons de faire des veux pour sa prosperity 

J'ay Fhonneur d 'estre avec un tres profond respect 
Monsieur 
Vostre tres humble et tres obeissant serviteur 
S*" Marie 

Au Poste Vincennes le 3e May 1774. 

(Translation.) 

Monsieur-— I am too full of respect for all that bears the 
imprint of authority to have neglected to make reply to 
that which your Excellence informs me you wrote me after 



OX THE WABASH. 423 

the departure of Monsieur General Gage. This is Vac on] y 
one which Monsieur Maisonville has sent me, to which I 
reply with all possible respect. 

To make a more correct reply to that with which Mon- 
sieur General Gage honored us, and to the proclamation. 
which he sent us under date of April 8, 1773, I was 
obliged to make the trip to the Illinois with Mr. Perthuit 
(Perthwaite?), who was sent to attend to this matter, be- 
cause a part of the title-deeds of this place were in the 
archives of that post, another part carried away by a 
M. Clouvier, former notary, whose bad conduct: obliged 
hirn to depart secretly, others were eaten by rats etc. 

In regard to the verification (of titles) which your Ex- 
cellence requires of us, it is not surprising that it has not 
yet reached you, for it could not be started from the Illi- 
nois before the beginning of September. It has been 
made according to the form which Monsieur General 
Gage sent us, and which he recommended us to follow 
exactly. 

We have joined to it the certificate of Monsieur St. 
Ange, who commanded at this post for a long time in the 
name of the King of France, authenticated by Monsieur 
Piernas, commandant in chief at St. Louis, and of Monsieur 
Captain Lord, who indeed offered to see that it reached 
Monsieur General Gage, not being aware that your Ex- 
cellence governed in his place. 

We are indeed convinced that affairs in such bad order 
could not have other than very poor success, if we did not 
have the greatest confidence in the virtues of your Excel- 
lence, and under the protection of whom we put ourselves ; 
and as it is the characteristic of great souls to interest 
themselves for an unfortunate people, we supplicate you to 
be favorable to us, and to do as is worthy of you, and we. 
will never cease to offer prayers for your prosperity. 






424 FRENCH SETTLEMENTS 

I have the honor to be, with very profound respeu 
Monsieur* 

Your very humble and very obedient servant 

Stk. Marie. 
Post Vincennes, May 3, 1774. - ] 



ON THE WABASH. 



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OJV THE WABASH. 



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4^8 FRENCH SETTLEMENTS 

CERTIFICATE OF THE NOTARY PHILLI.V 



je, Eiienne Phillibert, sous mon propre serment sin '. 
gte 3 E van gii es Certiiie a tons qu'iJ appartiendra, que pin 
ieurs habitants da poste Vincenne, Lorsque je faisok- ' 
fonction de Notaire au dit Poste, avant 1- evasion de d 
Baumer notaire apres moi, lui avoir remis plusieurs coi 
tracts de concession appertenans aux habit ants, et qt 
1' evasion du dit S r Baumer, aiiis! que le Transport o 
Greffe de ce poste en celui des Illinois, ont fait perch- | 
quantite de papiers de Concessions, ainsi que des Contract 
de Vente, en 1' armee mil sept cent soizante et un, qui f« 
ce transport de dits papiers ainsi que 1' evasion clu d 
Notaire. En foy de quoi j'ai signe le present au dit posic 
Vincesne Le I2 ic Aout 1773. j 

Signe a L'original, 1 

J. E. Phillibert, 

Notaire Roy ale.' 
(Translation.) *t 

I, Eiienne Phillibert, under my solemn oath on the Holy 
Gospels, certify to all whom it may concern, that man) 
citizens of Post Vincennes, when I was performing tin 
function of Notary at the said Post, before the flight of the 
late Baumer notary after me, delivered to him many con- 
tracts of concession belonging to the citizens, and that the 
flight of said Mr. Baumer, and also the removal of the | 
record office of this Post to that of the Illinois, have caused 
to be lost a number of papers of concession, as well as con- 
tracts of sale, in the year seventeen hundred and sixty-om . I 
when this removal of said papers as also the flight of saw 
notary occurred. In testimony of which I have signed 
these presents at the said Post Vincennes, the I2th 0. 
August, 2773. Signed in original, 

J. E. Phillibert, 

Royal Notary. 



ON THE WA BASIL 429 

CERTIFICATE OF LOUIS ST. ANGE. 



Nous Louis St. Ange cle Bellerive ci devant Capitairie 
J' Infan'terie, employe du service cle Sa Majestee Tres 
Chretienne, actuellement Capitaine refornie au service de 
Sa Majeste Catholique : Certifions a tons ce qu'il appar- 

;:'endra a avoir commande le Poste Vincesties au nom de 
sa dite Majeste Tres Chretienne, avec une Garrison de 
Troupe Reglies, depuis l'annee mil sept cent trente six 
juscnTen 1'annee mil sept cent soizante quatre et que ma 
premiere commission pour commander dans le dit poste a 
cle de sa Majeste Tres Chretienne, sous le gouvernement 
de M. de Bienville, Gouvenieur General de la Louisiane 
en la dite annee mil sept cent trente six, qu'ensuite j'ai etc 
continue sous -les gouvernements de Mess 1 ' 3 de Vauclreuille 
el de Kerlerec et Dabadie successeurs les uns des autres 
au dit gouvernement ; jusqu'en la dite annee mil sept cent 
soizante quatre ; que pendant le dit Temps j'ai concede a 
plusieurs habitants diverses Terres et Terrains par ordre 
tie iii.es clits S rs les Gouverneurs, au nom de sa Majeste 
Tres Chretienne ; que de plus le dit Poste etoit etabli 
nombre d'annees auparavant mon commandment, sous 
celui de M. cle Vincesne Officier des Troupes, lequel j'ai 
releve par ordre du roi ; que Ton doit ajouter foi aux con- 
cessions ejus j'ai delivrees et signees aux dits habitants, 
qu'en outre j'ai permis verballement a n'ombre de particu- 
liers, de s'etablir et cl'y cultiver des Terres dont ils sent en 
possession depuis plusieurs annees. En foi de quoi avons 
signe ces presents pour servir et valoir aux habitants du 
i^oste Vincesnes a que de raiso-n. Et a quell 63 fait apposer 
le cachet de nos armes aux Illinois sur la partie cle Sa Ma- 
jeste Catholique le Trente Aout mil sept cent soizante et 
treize. Signe a I'original, 

S T Ange 



430 FRENCH SETTLEMENTS 

(Translation.) 
I, Louis St. Ange de Bellerive former captain of i; ; 
fantry employed in the service of His Most Christian M 
jesty, at present invalided captain of the service of I i 
Catholic Majesty, certify to all whom it may concern tl 
I commanded at Post Vincennes in the name of His Mo i 
Christian Majesty, with a garrison of regular troops, from 
the year one thousand seven hundred and thirty-six until 
in trie year one thousand seven hundred and sixty four, 
and that my first commission as commandant of the said 
post was from His Most Christian Majesty under the gov- 
ernment of M. de Bienville, Governor General of Louisi- 
ana in the said year one thousand seven hundred an ! 
thirty six ; that thereafter I was continued under the gov- 
ernment of Messieurs de Vaudreville, de Kerlerec, and 
D'Abadie, successors one to another in the said govern- 
ment until in the year one thousand seven hundred and 
sixtv-four; that during the said time I have conceded to 
many inhabitants divers lands and pieces of ground by or- 
der of my said Srs. the Governors, in the name of His 
Most Christian Majesty; that further, the said post yvas 
established a number of years before my command uncks 
that of M. de Vincennes, officer of the troops, whom 1 
succeeded by order of the king ; that faith should be given 
to the concessions which I have signed and delivered to 
the said inhabitants ; that in addition to this I have ver- 
bally permitted a number of individuals to establish them- 
selves and cultivate the lands of which they have been in 
possession for many years. In testimony of which I have 
sioned these presents to secure and establish the rights oi 
the inhabitants of Post Vincennes, and to which I have 
caused to be attached the seal of our arms at the Illino;- 
on the part of His Catholic Majesty, the thirtieth 01 
August, one thousand seven hundred and seventy three. 

Signed in original, 

St. Ange. 



ON THE WABASH. 43 1 

AUTHENTICATION OF DON PEDRO PIERNAS. 

L. O, S. 

Nous Don Pedro Piernas Capitaine d' Infanterie Lieu- 
tenant Gouverneur des Etablissements des Illinois et leur r 
dependances appartenans a Sa Majeste Catholique, cer- 
tifions a tous qu'il appartiendra que Mons. De St Ange est 
Capitaine reform e et employe an serviee de Sa Majeste 
Catholique, que c'est sa veritable signature, qu'il aposee 
d.evant nous au has du eertilicat ci~dessiis et que foi doit y 
etre ajoutee. En consequence avoirs signe le present, et 
apose le sceau de nos armes a St Louis aux Illinois, le 
trente Aout mil sept cent soizante et treize. 

Signe a 1' original, 

L. O. S. Pedro Piernas. 

[ se a/l . ] (Tr an si ati on .) 

I, Don Pedro Piernas, Captain of Infantry, Lieutenant 
Governor of the settlements of the Illinois and their de- 
pendencies, belonging to His Catholic Majesty, certify to 
all whom it may concern that. Monsieur de St. Ange is an 
invalided captain and employed in the service of Bis Cath- 
olic Majesty ; that this is his genuine signature which he 
affixed before me at. the bottom of the above certificate ; 
and that credit should be given to it. In testimony of 
which I have signed these presents, and attached the seal 
of my arms at St. Louis in the Illinois country, the thirtieth 
of August, one thousand seven hundred and seventy three. 

Signed in original, 

[seal, J Pedro Piernas. 

GENERAL HALDIMAND TO GENERAL GAGE. 

N. York, le 5 Jan, 1774. 
Mon.— Je viens en-fin de recevoir une lettre de Cap 9 
Lord des Illinois date du 3e Sep re m'envoyer le recense- 



432 FRENCH SETTLEMENTS 

ment (ou plutot les noms) de 88 habitans qui sont etab-li an 
Post Vincene. Cette piece est accompagne d'un certifica! 
de M. St Ange qui y a comraande pendant plusieui 
annees, et qui dit avoir ete authorisee par les differeni 
Gouv 6 de la Louisianne, de conceder des Terrains dans* 
les endroits la. Mais la plupart cle ces litres sont perdu, 
soitpar accident on par la mauvaise conduite d'un not;.';'. 
de l'endroit, de sorte qu'il y a plusieurs de ces habitans qui 
n ? ont d' autre titresque celuide possession, etcommeilserait 
tres difficile de leur disputer, le meilleur serait peutetre de 
leslaissertranquille, mais de leur donner quelqu'un pour les 
conduire. Quoique la malle doit se fermer ce soir je tacherai 
d' envoyer les pieces an compte de Dartmouth, me persua- 
dant que vous vous prenderez quelqu' arrangement pour 
les Illinois pendant cet hiver. Le Cap" Lord me manque 
que deux habitans Francais ont (a l'example de Mons. Mur- 
ray) achete toute le terrain appartenant a une des tribus des 
Illinois, qui etait autrefois tres nombreuses et qui se trouve 
reduite aujourd'hui a douze Guerriers. J'ai toute lieu de 
crois que les deux Francais ne sont que les Agents cle la 
raeme compagnie qui achete la premier terrain, et il ess 
facile de prevoir qu'il y aura dans pen beaucoup de desordre \ 
dans ces cotes la, si on n'y porte une prompte remede, i 
habitans s'etabli augmente et a que jours la fureur. 

Je profitais de Toccasion clu L* Ellis, qui partit Dimanchc I 
dernier pour vous savoir la rnort de Cornmissaire Lake, 
enfin que si vous avez dessein de servir quelques une de 
vos amis vous puissiez le faire. J'annonce cet vacance au 
Secretaire de la Guerre par ce pacquet et en attendant 
que la volonte du Roi soit connu j'ai nomme le Cap" 
Hutchinson pour faire la fonction de Mons. Lake avec 
ordre de container tout les personnes employe dans cette 1 
afiaire, aim que les choses continent dans ■ Ford re ou eiles 
ont ete j'usqua present. 

Dans le retour de Fetat Maj. outre rnon Aide de Camp, 



ON THE WAV J S1L 433 

j*en ai nomme un autre faisant fonction en Amerique et 
que je payerai par un warrant. 

Depuis les nouvelles que vous aurez recues par le Cap e 
Cowper il ne s'est rien passe d'extraordinaire et je compte 
que le vaisseau qui apporte le The n' occasionera pas cles' 
desordre, on parait bien determiner a le faire reporter sans 
bruit. 

Lady Dunmore arriva hier avec une legion d' enfants. 
Kile aura de la peine a contrnuer son voyage le temps 
etant irev mauvais. Mes compliments a Madame &c. 

J ? ai l v h. 

je vous prie Mon. d 5 assurer My Lord Gage de rues re- 
spects, et de lui dive que j'ai fait parvenu dans son temps 
les lettres pour Mens. Campbell qui avait mis sous mon 
convert. Je vous felicite d' avoir pu servir Moris. Kemble. 
On me dit que sa commission de " naval officer' 1 est ar~ 
rivee. ■ 

(Translation.) 

New York, Jan. 5, 1774. 
Monsieur— T have at length received a letter from 
Captain Lord, of the Illinois, dated September 3d, trans- 
mitting to me the verification (or rather the names) of 88 
citizens who are established at Post Vincennes. This 
document is accompanied by a certificate of M. St. Ange, 
who commanded there for many years, and who says he 
had been authorized by the different governors of Louisi- 
ana to concede lands in that locality. But the most of 
these title-deeds are lost, either by accident or by the bad 
conduct of a notary of the place, so that there are many 



r 
t 



session, and as it will be very difficult to controvert them, 
it will probably be better to let them remain, but to send 
some one to govern them. Although the mail ought to 
close this evening, I will endeavor to forward the docu- 
ments to Lord Dartmouth, believing that you will adopt 
some arrangement for the Illinois during this winter. Cap- 



FREN€M SETTLEMENTS 



tain Lord informs me that two French citizens have (aft 
the manner of Mr. Murray) bought all the land belon<m 
to one of the tribes of the Illinois, who were formerly v< i , 

numerous and who are now reduced to a dozen vvarrioi 
I have eveiy reason to believe that the two Frenchmen arc 
nothing but agents of the same company which bought the 
first land, and it is easy to foresee that there will be in a 
little while much disorder in those parts if a remedy is not 
promptly provided ; the settlers will establish themselves, 
increase, and some day there will be trouble. 

I availed myself of the opportunity to write you by Lt. 
Ellis, who left last Sunday, to let you know of the death 
of Commissary Lake, in order that if you desired to serve 
some of your friends you might be able to do so. I an- 
nounce this vacancy to the Secretary of War by this mail, 
and until the pleasure of the King shall be known I have 
appointed Captain Hutchinson to perform the duties of Mr. 
Lake, with orders to continue all the persons employed in 
this business, in order that affairs may keep in the same 
situation that they have been to the present. 

In the return of the stall in addition to my aide-de-camp, 
I have appointed another for duty in America, and whom 
I will pay by a warrant. 

Since the news that you received by Captain Cowper 
nothing extraordinary has occurred, and I think that the 
vessel which brings the tea will not occasion disorder, in- 
deed they appear to have decided to take it back quietly. 

Lady Dunmore arrived yesterday with a legion of chil- 
dren. She will have trouble in continuing her journey, 
the weather being very bad. My compliments to Madame, 

etc. 

I have the honor — - 

I beg you to present My Lord Gage my respects and to 
say to him that I have delivered in good time the letters 
to Mr. Campbell which he sent in my care. I congratulate 
von on having been able to serve Mr. Kemble. I hear 
that his commission as "naval officer" has arrived. 



OX THE WABASH. 



435 



B 27, p. 295. 

THE ROAD FROM DETROIT TO THE ILLINOIS 

By way of ike Forts Miami?., Ouiatianon and 
St. Vincent with some remarks} 



From Detroit to Lake Erie 

To the River Miamie 2 

To the Foot of the Rapids ' 

To the Top ot the Rapids 

N. B. Part oi the Ottawa & a few of the Karons inhabit 
this part of the River. In the former when the water 
is. low, Canoes cannot pass the Rapids., otherwise than 
by being dragged over the stones & frequently the Tra- 
ders are obliged to carry their ti'oods the whole eighteen 



MILES! M1LF.S 



36 

iS 
iS 



To the end of the still water 

To the Top of the next Rapids 

To the Grand Glaze, 3/ a river so called on the left goin-j up. 

N. B. A few Ottawas live here. 

To the little Glaze on the right 

To flic Kings Glaze on the right (a few Ottawas live here). . 

To the Elm Meadow :. 

To Sledge Id (so called from a large stone resemhling a 

sledge) ^ 

To the Split rock 

To the Wolf Rapid 

To the great Bend. 4 

To Fort M iamie. 5 



.2-5 
9 
6 



N. P.. The Miami Nation live opposite the Fort and consist of about 
50 Men able to beur arms — The Fort i.-> inhabited by Eight or Ten 
French Families. 



iTtus itinerary is not dated, but is: deposited with papers of the year 1774, 
and was probably prepared in that year. 

2Kiver Miamie— the Maumee, 

■'Grand Glaze— the Auglaize river; site of Defiance, Ohio. 

■iThe Great Bend — in Maumee tovcnsliip, Allen county, Incl- The river Is 
very winding for a number of miles east of this place, so that the clistance^ 
given appear large when compared with a direct line. 

5 Fort Mianee— The British establishment.. « , ■; 

/ -...., (Vo 



9 £ \ 



43 



FRENCH SETTLEMENTS 





.\Ji LES 


MILl , 


Brought over 




216 


From Fort Miamieto Cold Feet 1 where the old French Fort 






was 


3 

9 
6 

3 

6 




The carrying place to the little River 








To the Flats 




To the little Rock 2 




To the Ouabache 3 ■ 




N. I). Between the Miamie & the Ouabache there are 




Beaver Dams which when water is low Passengers 






break down to raise it, & bv that means pass easier than 






they otherwise would, when they arc gone the Beaver 






come and mend the Breach, for this reason they have 






been hitherto sacred as neither Indians or White people 






hunt them. 






To the River Sallammee 4 on left going down 


15 




N. B. This River is mivi2;able for canoes i qo miles. 




To the Pipe River on the left 


18 
3 
3 
9 

15 
9 




To the G reat Rapid 




To the Eel River en the right 5 




To the Little Rock e 




To the Island of Garlic 7 




To Richards Coal Mine 8 on the right close to the river. . . 




To the River Tripeecans 9 on the right 


\% 




To Ouiattanon Fort 10 






l8.3 




the Ouattanon Nation of Indians is on the opposite 












lages about iooo men able to bear arms. 










399 



iCold Feet— 1. e., the Indian village of Coldfoot's band. Coldfoot (Pied 
Froid) was a prominent Miami chief of the middle of the last century. Vide 
Liunn's Indiana, pp. C5, GC. >-.-_ ccc • •-.'.-' ,.--'_.. - N & v .3 \ ■-■...«-....- J 

s Little Rock river— now known as Bull creek. 

sThe Wabash— mout! 1 of Little River, site of Huntington, Ind. 

*TheSalominee— site of La Gro. i'_ ■_ ,■ 

* Eel river— site of Logansport. 

« Lit tie Rock river— So marked on ancient maps. Probably Crooked Creek, 
Cass county. 

i Island of Garlic— Probably an island near Loekport. The distances from 
Eel river to the Tippecanoe are too great for accurate decision. 

s At Richards river, on old maps— Probably a small stream that empties 
opposite Delphi, or one two miles above. 

« The Tippecanoe. 

wpost Oiiiatanoii— After careful study of authorities and maps I located 
this fort " on the north bank of the Wabash," "a short distance above In- 
dian creek, Which the French called Riviere do Boisrouge." About rive 
month! after my "Indiana" was published, in February l Q sn, some workmen 
who. were taking grav el trout a bank near the river, about four miles above 



ON THE WABASH. 



437 



MILES MILES 



Brought, ovei 
From Fort Ouiattnnon Down the Ouabache to the rivei 

Vermillion 

N. B. This River is on the rigid & at some season.- is 
navigable for boats about 120 miles. A mile up it is a] 

Village of Piankshaws of upwards of 1^0 Men i 

To the Highlands 1 or old Boundary between Canada and! 

Louisiana j 

To Fort St. Vincent | 

To the Illinois by Land, the road is chiefly through j 
Plains and Extensive Meadows 



60 



From Detroit to the Illinois 

N. B. The above distances are all computed. . 
The Road from Detroit to Fort St. Josephs by land"& from 
thence to the junction of the Illinois River with the Mis- 
sissippi by water. 
From Detroit to the River 2 Huron or Haudewine Sippy. . . 
N. B. There is a Village of Puttawattamees of six large 
Cabans — The River at this place is about Fifty feet wide! 
& the water is generally from one and a half to two feet 
deep, when there are Floods Travellers are obliged to 
make rafts to cross it — The road to this place bad. 

To the Salt River 3 or Wandayon Sippi " 

N. B. There is another Village of Pittawattamees of five 
Cabans — This river is never so high as to prevent peo- 
ple passing it. 
To one of the Branches of Grand River 4 or Washtanon that 

falls into Lake Michigan 

There is another Village of Pittawattamees of eight ! ars^e 
Cabans. 



40 



99 



879 



Indian creek, found the remains of a French officer, as appeared from parts 
of the uniform still existing. From this and other remains, silver crucifixes, 
utensils of various kinds, etc. , many of which are now preserved at Purdue 
University, the site of the fort was Identified.- (Lafayette Call, Feb. 12 and 
Feb. 19, 1889.) The location was afterwards confirmed by Mrs. Berilla Smith, 
an aged lady, who came to that region In 1831, and had the site of the old fort 
pointed out to her by earlier settlers. (Lafayette Call, March 11, 1892.), It is 
nearly opposite— slightly below—the mouth of Wea creek, near Sand Ridge 
church. 

iThe Highlands— a translation of the French name terre haute, which at- 
tached to the locality long before the city of Terre Haute was thought of. 

2Xear the site of Ann Arbor. 

3 Saline creek—the trail bore to the North from this point, either to avoid 
the tama rack swamps of Southern Michigan, or to reach the other Potruwa ,.t ra- 
mie villages. 

4 At Eaton Rapids— from this point the road was in a very direct line to 
Fort St. Joseph. (Michigan Pioneer Collections, Vol. 3, p. 3S0.) 



ON THE WABASH. 

THE FIRST CENSUS OF INDIANA 



439 



List of the Inhabitants at Fort St, Vincents on the Oua- 
bache as they were in 1)69, since which they have in 
creased rather than diminished. 



Mr. Nicholas 


Botircier 




De Lorier 


Jean Millhomme 




Mrs, Malic 


Michelle Depe 




Antoiiie Marci 


Legar 




Dubois 


Dutrembie 




Nouveau 


Millet Cardinal 




St. Aubin 


Cardinal 




Mrs Richarville 


Joseph Deroin 




Antoine La Framboise 


Pierre Miret 




Jaque Suinaitte 


Duchesne 




Pierre Lefevre 


Bailoup 




C baric H-arbonnaux 


Languedoc' 




Pierre Cornville 


Chapeaux 




Francois Godere 


Vaddril'le 




Francois Barois 


Pierre Peron 




Jean Jazon 


Lagarouche Godere 




Bordelot 


Mallet 




Peleteree 


Josephe Chapot 




Provencalle 


Josephe Metaige 




Joseph S a bo tie 


Sanschagrin 




Langlois 


St. Louis dit-pluechon 




De Cornte 


La full i ad e 




Vale our 


Clairman 




Denoivon 


De Ligne 




Malic fits 


Grimar 




Antoine Pes ad or t 


Alexis Delaronte 




Orlaiis 


Ma g n 1 fi q \ i e D e s n e . 




St. Marie 


jean La garde 




Lagaissie 


Sanspeur 




Brunett 


B aid Ion 




Desnott 


Charle Sachisne 




Panal 


St: Martin 




Arpain 


Rapicaut 





N. B. Nicholas is the most substantial. Inhabitant and 
\ ^ lias been employed as Justice of the Peace there, by some 
iauthority from the commanding officer at the Illinois. 

W 7 hen this list was taken there were fifty women and 
One; Hundred and Fifty Children belonging to the Inhab- 
it an ts, and Fifty Men able to bear arms including Servants 

*I'"iIed with the papers of 1774 and probably of that date. 



Olx THE WABASH. 439 

THE FIRST CENSUS OF INDIANA.* 

List of the Inhabitants at Fort St. Vincents on the Gua- 
bache as they were in 1769, since which they have in- 
creased rather than diminished . 



Mr. Nicholas 


Bourcier 






De Lorier 


Jean Millhomme 






Mrs. Malic 


Michelle Depe 






Antoine Marci 


Legar 






Dubois 


Du tremble 






Nduveau 


Millet Cardinal 






St. Aubin 


Cardinal 






Mrs Richarville 


Joseph Deroin 






Antoine La Framboise 


Pierre Miret 






Jaque Suinaitte 


Duche&ne 






Pierre Lefevre 


Bail onp 






Gharle Harbonnaux 


Languedoc 






Pierre Cornville 


Chapeaux 






Francois Godere 


Vaudrille 






Francois Barois 


Pierre Peron 






Jean Jazon 


Lagarouche Godere 






Bordelot 


Mall&t 






Peleteree 


Josephe Chapcot 






Provencalie 


Joseplie Metaige 






Joseph Sabot te 


Sanschagrm 






Langlois 


St. Louis dit-pl 


uechon 




De Comte 


Lafulliade 






Valcour 


Clairman 






Denoiyon 


De Ligne 






Mailefiis 


Grimar 






Antoine Peradort 


Alexis Delaronte 






Orlans 


Ma g n i il r • 1 1 e D e s n e. 






St. Marie 


jean Lagarde 






Lagaissie 


Sanspeur 






Brunett 


Paid Ion 






Desnott 


Charle Sachisne 






Panat 


St; Martin 






Arpain 


Rapicayt 







N. B. Nicholas is the most substantial. Inhabitant and 
has been employed as Justice of the Peace there, by some 
iaijthority from the commanding' officer at the Illinois. 

vl Hien this list was taken there were fifty women and 
One; Hundred and Fifty Children belonging to the Inhab- 
itants, and Fifty Men able to bear arms including Servants 

*I' , iied with the papers of 1774 and probably of that date. 



44' 



FRENCH SETTLEMEX TS 



Names of Inhal 


)itants 


at Fort 


Names of the Inhabitants at 




Ouiati 


anon. 




Miamie. 


_\ 




Maisonville 






Capuchin 


\ 




Maignian 






B apti s te C a n i paii 






Faille 






Nicholas Perot 




sps! 


Lamorceau 






Pierre Barthfi 


( <".- 


J. Cardinal 

Lefevre 






Bergerson 


\ V 


\ 






Berthelemy 


\ ^ 




Vernette 






Dorien 


••*.. 




Pa Riviere 






Francois Maisonville 






Clement 






Lanrairi 






Pierre Berlin 












Crepo 












Aijot 













LIEUTENANT GOVERNOR ABBOTT, SUPERIN- 
TENDENT, TO SIR GUY CARLETON. 

Sir — I have the honor of acquainting your Excellency 
of my arrival the 19th inst ; the short time and trouble with 
the Indians &c has not permitted my taking a general 
Review of the af Fairs of this district ; since the conquest of 
Canada, no person bearing His Majesty's Commission has 
been to take possession ; from this your Excellency may 
easily imagine what anarchy reigns. 

I must dp the inhabitants justice for the respectfull re- 
ception I met with, and for their readiness in obeying the 
orders I thought necessary to issue. 

The Wabache is perhaps one of the finest rivers in the 
world, on its banks are several Indian Towns, the most 
considerable is the Ouija, where it is said there are 1000 
men capable to bear arms, I found them so numerous, and 
needy, I could not pass without great expense ; The pres- 
ents though very large, were in a manner despised, saying 
their antient. Father (the french) never spoke to them with- 
out a barnfull of goods; having no Troops and omy a 
handfull of french obliged me to esquiese in part of their 
exorbitant demands, which has occasioned a much greater 
expense than I could have imagined, but I believe it not 



ON TUB WABASH. 441 

f 
thrown away, as I left them seemingly well disposed for 

His Majesty's service. 

I have drawn on M r Dunn for seven thousand five hun- 
dred and thirty two Pounds six shillings and tenpence 
halfpenny New York currency and request your Excel- 
lency will order payments I have likewise took the Liberty 
of drawing on M r Dunn for 6428 Livres in favour of jean 
Baptiste Racine ci i t S r ' Marie, who has acted as command- 
ant of this place since it was conceded to His Majesty. 
The fair character he hears with the certificate annexed 
to his account makes me think it just ; I hope your Excel- 
lency will excuse the incorrectness of this as I am every 
minute call'd away and have not a moment to myself; I 
beg leave to mention M r Edgar the bearer of this who has 
had a great deal of trouble, paid all the expences of Govern- 
ment without the least gratification and without whom I 
could not have kept the accounts in any order from the 
multiplicity of affairs, I offered him payment which he re- 
fused, he came with me to see the country and can much 
better inform you of it than I can who was continually em- 
ployed — I shall send off in a few days towards Fort Pitt to 
see what is doing there ; I enclose a note sent me from 
Mons r Kocheblave which shews the Spaniards intention 
toward us and which corresponds with other intelligence I 
have had. By the nex opportunity I hope to have it in 
my power to send a circumstantial account of this place, I 
must not neglect mentioning a M r Ramsey who has been 
here about nine years ago from the Illinois. I would beg 
your Excellency would give me orders concerning the land 
at this place for few of them have any proper grants though 
possessed near thirty years. 

I have the honor to be with respect 
your Excellency's most obedient Hum 1 SeiV 
(Signed) Edward Abbott 
Lieu' Governor & Superintend ant of S l Vincennes 



442 FRENCH SETTLEMENTS ON THE WABASH. 

As it is necessary for a commissary 

of Indian affairs at this place I cou'ci 
wish your Excellency wou'cl approve 
of M r Edgar a person well qualified 
for it, 
His Excellency Sir Guy Carleton. 

Indorsed : — Copy of a Letter from Lieut. 



Governor Abbott Superintendant 
dated S fc Vincennes 



26 th May 1777. 

Ca: 

Au< 

(10) 



In Sir Gny Carleton's (No. 32) 
of 11 th August 1777 



INDIANA HISTORICAL SOCIETY PUBLICATIONS 
VOLUME II. NUMBER 12 



SI AVFRV PFTITIOKR 



PAPERS 



JACOB PIATT DUNN. 



INDIANAPOLIS: 

THE BOWEN-MEEEILL COMPANY. 
1894. 



INTRODUCTORY. 



The following papers are the petitions to Congress from 
Northwest and Indiana Territories for the suspension of the 
sixth article of compact of the Ordinance of 1787, and the 
admission of slavery to the Territory, together with the 
counter petitions, the reports on them, and the accompany- 
ing documents. There is one-— the Dearborn county pe- 
tition of 1808— -which appears to be wholly lost, though 
possibty it may yet be found in printed form, and there is 
probably one petition from Randolph and St. Clair coun- 
ties missing, though this is not certain. In addition to these 
I have included the report of General W. Johnston to the 
Indiana Legislature in 1808, against the modification of the 
sixth article, and the opinion of John Johnson in Folly's 
case. These arc the principal documents concerning 
slavery in Indiana, and most of them are hitherto unpub- 
lished, or have practically disappeared in their published 
form. 

The object of this publication is simply to gather and 
preserve them. The consideration of their origin, their 
significance and their results forms the greater part of rny 
" Indiana" in the American Commonwealth Series, to 
which are referred those who may be interested in the 
subject. 



Jndia7iapoIis, February 8 y 1894. 



J. P. DUNN, 



(445) 
fyt, 



I 



SLAVERY PETITIONS AND PAPERS 



THE PETITION OF 1796. 

(Am, State Papers.. Public Lands, Vol. I, p. 61.) 

To the Senate and House of Representatives of the United States of 
America in Congress assembled, the humble petition of the inhabitants 
of the counties of St. Clair and Randolph, in the Illinois country, 
respectfully shozveth : 

That the sixth article of compact contained in the ordi- 
nance of Congress of 1787, for the government of the 
Territory Northwest of the Ohio, which declares '/That 
there shall be neither slavery nor involuntary servitude in 
the said Territory, otherwise than in the punishment of 
crimes," is, as your petitioners humbly conceive, not only 
contrary to the promise and assurances made them, on 
behalf of the State of Virginia, by the then Colonel, after- 
wards Brigadier-General George Rogers Clark, on his 
taking possession of this country in the name of the said 
State, whose troops he then commanded, but also contrary 
to an express fundamental principle in all free countries, 
"that no ex -post facto laws should ever be made." 

Your petitioners then were, and now are, possessed of a 
number of slaves, which the article above recited seems to 
deprive them of, (perhaps inadvertently,) without their con- 
sent or concurrence. It may be said, as it is the better 
opinion, that all such as were slaves at the date of that 
ordinance are to continue so during their lives ; but then 
it is also said that the issue of such slaves, born after that 

(447) 



44 



8 SLA VERY PETITIONS AND PAPERS. 



period, are absolutely free. Your petitioners, however, 
humbly contend that such after-born issue are as much 
slaves as those born before, because the owners of their 
parents have and, as your petitioners humbly conceive, 
always had as fixed and incontrovertible a right to, and v I 
interest in, the future issue and increase of such slaves as 
they have to the slaves themselves. That, notwithstand- 
ing the articles in the said ordinance are said to be " Arti- 
cles of compact between the original States and the peo- 
ple and States of the said Territory^," it is, however, a truth 
that they were made ex -parte by the original States only ; 
for sure your petitioners are that, if the people then in the 
Territory had been called upon to make such compact, j 

they never would have consented to enter into one that 
would deprive them of their most valuable property. 

Your petitioners humbly hope they will not be thought 
presumptuous in venturing to disapprove of the article con- , 
corning slavery in iota, as contrary not only to the interest, 
but almost to the existence of the country they inhabit, 
where laborers can not be procured to assist in cultivating 
the grounds under one dollar per day, exclusive of wash- 
ing, lodging and boarding ; and where every kind of trades- 
men are paid from a dollar and a half to two dollars per 
di\y i neither is there, at these exorbitant prices, a suffi- 
ciency of hands to be got for the exigencies of the inhab- 
itants, who, attached to their native soil, have rather chose 
to encounter these and many other difficulties than, by 
avoiding them, remove to the Spanish dominions, where 
slavery is permitted, and consequently, the price of labor 
much lower. 

Your petitioners do not wish to increase the number of 
slaves already in the dominions of the United States ; nil 
they hope for or desire is, that they may be permitted to 
introduce from any of the United States such persons, 
and such onlv, as by the laws of such States are slaves 



SLAVERY PETITIONS AND PAPERS. 449 

therein. This request, your petitioners humbly hope, will 
not be objected to as unreasonable, even by the greatest 
opposers to slavery, seeing they do not pray for the intro- 
duction of any foreign slaves into the Territory. 

It is laid down by Blackstone, in his Commentaries, Vol. 
I., pages 424, 425 : "That a slave or negro, the moment 
he lands in England, becomes a freeman, that is, the law 
will protect him in the enjoyment of his person and prop- 
erty. Yet, with, regard to any right which the master may 
have acquired to the perpetual service of John or Thomas, 
this will remain exactly in the same state as before ; for 
this is no more than the same state of subjection for life, 
which eveiy apprentice submits to for the space of seven 
years, and sometimes for a longer term. And whatsoever 
service a negro owed to his American master, the same is 
he bound to render when brought to England." It may 
then be clearly deduced from the above authority, that airy 
person purchasing, or otherwise acquiring a slave in any 
of the States, is entitled to his perpetual service in this 
Territory as a servant ; but, as a diversity may happen in 
the opinions of different judges, your petitioners, therefore* 
humbly desire and request, should it, in the wisdom of 
Congress, be thought unadvisable to repeal the article 
concerning slavery in toto, that a lav/ may be passed de- 
clarators of the above maxim laid down by Blackstone, 
but under such regulations as may be thought necessary ; 
and that, in such case, it may be therebv declared how 
far, and for what period of time, the masters of servants 
are to be entitled to the service of the children of parents 
born during such servitude, as an indemnity for the ex- 
pense of bringing them up in their infancy. 

This mode, it is humbly conceived, will obviate any ob- 
jections- that maybe made to the continuation or introduc- 
tion of slavery into the Territory, even by its most strenu- 
ous opposers; will undoubtedly ameliorate the condition 



450 SLA VERY PETITIONS AND PAPERS. . 

of those who, being slaves in the United Slates, may he 
so fortunate as to be brought into the Territory as servants 
for life ; and will be the means, perhaps, in a great de- 
gree, of attaining that object so much wished for by some 
— " a gradual abolition of slavery." 

And your petitioners further beg leave to represent that 
the resolves of Congress, of 20th June and 29th August, 
1788, making a donation of four hundred acres of land to 
each of those who were heads of families in the Illinois 
country, in the year 1783, do, generally speaking, direct 
the same to be laid off on lands the private property of 
different inhabitants in the respective villages therein, who 
claim the same by virtue of grants made thereof, in fee, 
by the former Governments of the country ; and that, 
especialfy, every foot of land (Fort Chartres excepted) 
between the ridge of rocks and the. River Mississippi, and 
between the mouth of the River Kaskaskia and the villages 
of Kaskaskia, Prairie du Rochers and St. Phillip's and 
for several miles upwards, is private property, the same 
having, as before mentioned, been granted and conceded 
in fee by authority of the French Government, and now 
owned and occupied by divers private individuals. And 
they beg leave also to observe that the lands on the face 
of the said ridge of rocks, and for some distance in the 
rear are broken limestone lands, full of sink-holes, with, 
in general, but a very thin soil, and in many places none 
at all, the rocks appearing on the surface, so that they are 
not of any present value or utility; that there is, however 
a body of good farming lands on the Kaskaskia River, a 
few miles above the village of that name, at a place called 
' 'the Long Prairie," where they would wish to lay their 
donation lands on ; and, as it was the humane intention of 
the then Congress to give such of your petitionee as are 
entitled thereto such lands as would prove a resource to 
them whenever the Indian trade should be exhausted, and 



SLA VER Y PE TITIONS AND PAPERS. 45 1 

which is now in a manner entirely decayed, they can not 
but hope that they will he permitted to lay the same at 
that place, the Indian titles to which, they are eredibly in- 
formed, are extinguished. This method of laying off the 
donation lands in one compact body will, they humbly - 
submit, be more beneficial to the United States than lay- 
ing them off' according to the last law, in four different 
bodies, for the four respective villages. 

And your petitions further show that, by a late law of 
the United States, it is ordained that the expense of sur- 
veying the lands belonging to the inhabitants of Vincennes 
should be defrayed by the public ; and as the same reasons 
which conduced to the making of that law may be equally 
applied to the Illinois country, they have every reason to 
hope that no distinction will be made between the inhabi- 
tants of both places, and that, therefore, the bene'ficial 
effects thereof will be also extended to them. 

Your petitioners, therefore, humbly pray that the sixth 
article of compact in the ordinance of 1787 may either be 
repealed or altered, so as to give permission to introduce 
slaves into the said Territory from any of the original 
States, or otherwise ; that a law may be made permitting 
the introduction of such slaves as servants for life, and 
that it may be enacted for what period the children of such 
servants shall serve the master of their parents. That the 
expense of surveying their lands may be paid by the 
United States; that they may be permitted to lay their 
donation of four hundred acres of land at the said prairie, 
called the Long prairie, and running up the River Kaskas- 
kia, in such form as may be directed by law for quantity; 
and that they may have such further and other relief in the 
premises as to the justice and wisdom of the United Stales 
may seem meet. And your petitioners, as in duty bound, 
shall ever pray, etc. 



4.v 



SLATES? PETITIONS AND PAPERS. 



For and on behalf of the inhabitants of the said coun- 
ties of St. Clair and Randolph. 

John Edgar. 
Wm. Morrison. 
Wm, St. Clair. 

John DuMduL'iNi 
Kasha skia, 'January 12, iyg6. 



Report on the Preceding Petition. 



(Am. State Papers. Public Lands, Y "ol. I, p. 60.) 
4th Congress. isl Session. 

The Exchange of Certain Donations of Land ln the 
Northwestern Territory. 

Communicated to the House of Representatives, Max 12,1796. 

Mr. Colt, from the committee to which was referred the 
petition of John Edgar and others, in behalf of the inhab- 
itants of the counties of St. Clair and Randolph, in the 
Illinois country, made the following report: 

That the petitioners pray for some alteration or modifi- 
cation of that part of the ordinance of Congress, passed 
on the 13th day of July, 1787, for the government of the 
Territory of the United States northwest of the River Ohio ; 
which declares it as one of the "articles of compact be- 
tween the original States and the people and States in the 
said Territory, and forever to remain unalterable, unless 
by common consent; that there shall be neither slavery 
nor involuntary servitude in the said Territory." 

The petitioners being only four in number, and produc- 
ing' no power bv which they claim to petition, even in be- 
half of" the inhabitants of the said counties ; and no evi- 
dence appearing of the wishes of the rest of the inhabitants 
•of the said counties ; and your committee having informa- 
tion that an alteration of the ordinance, in the manner 
prayed for by the petitioners, would be disagreeable to 



SLA VER Y PE TITIONS A NB PA PEJRS. 45^ 



many of the inhabitants of the said Territory: they have 
conceived it needless to enter into any consideration of the 

policy of the measure, being persuaded that, if it could be 
admissible, under any circumstances, a partial application, 
like the present, could not be listened to ; they are, there- 
fore, of opinion that this part of the prayer of the petition I 
ought not to be granted. 

The petitioners further state that, by a resolve of Con- 
gress, passed on the 20th day of June, 1778, provision was 
made for laying off certain lands to the heads of families 
residing in the Illinois country; and that a great part, if 
not the whole, of the locations where the said lands were 
ordered to be laid out is covered by titles acquired under 
the ancient Government of the country; and that part of 
the said, locations is rocky and of little value: wherefore, 
they pray that the said lands may be ordered to be laid j 
out in a different place, and at the public expense. 

The committee find that, by the said resolve, the Gov- 
ernor of the Territory of the United States, Northwest of 
the River Ohio was authorized and directed to lay out, as 
a donation to each of the families residing in the several 
villages of Kaskaskia, Kahokia, La Prairie du Rochers', 
Fort Chartr.es, and St. Philip's, four hundred acres of land, ! 
in three parallelograms, adioining to the villages of Kas- I 
kaskia, La Prairie du Rochers, and Kahokia, and be- j 
tween the River Mississippi and a ledge of rocks which 
runs, from the Kaskaskia to the River Illinois, at the public 
expense. That, by an act of Congress, passed on the 3d 
of March, 1 791 , the said Governor was authorized and di- 
rected to confirm all lands which had been actually im- 
proved and -cultivated, at Vincennes or in the Illinois 
country under a supposed grant of the same, by any com- 
mandant or court claiming authority to make such grant j 
to the persons who have made such improvements, or such 
parts thereof, as he, in his discretion, might judge reason- j 



454 SLANEPY PETITIONS AND PAPERS. 

able, not exceeding, to any person, four hundred acres; 
and the said Governor was further directed to lay out the 
said donation lands agreeably to the said resolve of the 
20th of June, 1788. 

The committee are not informed that any proceedings 
have been had under the resolve or act aforesaid, as rela- 
tive to the people living at Kaskaskia, La Prairie du 
Rochers, Kahokia, Fort Chartres, or St. Philip's ; and are 
informed by the Governor of the Northwestern Territory 
that the locations pointed out in the said resolve for the 
said donation lands are nearly, if not entirely, covered by 
grants made under the ancient government of the country, 
or by irregular grants, which are confirmed b}' the act 
aforesaid. 

By the late Indian treaty, Post Vincennes, on the Wa- 
bash, and the lands adjacent, of which the Indian title has 
been extinguished, and the lands at all other places in the 
possession of the French people, and other white settlers 
among them, of which the Indian title had been extin 



g mem, 01 wmen me inaian tine nau Deen extin- 



guished, are reserved to the United States ; whether the 
lands on which the petitioners pra}' to have their donations 
laid are included within these reservations does not ap- 
pear with certainty, although it is presumed they are not 
claimed by any Indian tribe. 

It not appearing how much of the lands, on which the said 
donations were originally directed to be laid, is not cov- 
ered by the said ancient grants, and it being probable 
that there does not remain uncovered by the said grants a 
sufficiency for satisfying the said donations, the public 
faith engaged to the people settled at those villages seems 
to require that some further provision should be made. 
The committee, therefore, submit the following resolu- 
tion : 

Resolved, That the Governor of the Territory Northwest 
of the River Ohio be authorized and directed to cause to 



SLAVERY PETITIONS AND PAPERS. 455 

be laid out certain, donation lands to the inhabitants of the 
villages of Kaskaskia, La Prairie du Rocbers. Kahokia, 
Fort Chartres, and St. Philip's, in manner as directed by 
a resolve of Congress of the 20th of June, 1783, on any 
lands of equal value with those in the location, directed by 
the said resolve, in the vicinity of those villages, which are 
the property of the United States, and to which the Indian 
title has become extinct. 



PETITION OF OCTOBER 1, 1300. 

(Copy of Original Paper. Senate Files.) 

To the Senate and House of Representative* of the United States of 
America in Congress Assembled, the humble petition of the inhabi- 
tants of the counties of Randolph and. St. Clair, in the Indiana Terri- 
tory, respectfully shezveth: 

That your Petitioners and their forefathers, Inhabitants 
of the Illinois country prior to the ordinance for the gov- 
ernment of the territory of the United States north-west of 
the River Ohio, possessed a number of Slaves, with whose 
assistance in the Cultivation of the Earth, together with the 
Indian Trade, which was then considerable, they lived in 
affluence ; that those slaves were held under the laws of 
French and English Government, and also uudei the laws 
of the State of Virginia enuring the time this Country was 
esteemed a part of that State ; that on the arrival of Gov- 
ernor St. Clair, in the } r ear one thousand seven hundred 
and ninety, your Petitioners were surprised and grieved to 
find, from the first official Information given them, that an 
Ordinance had been made by Congress for their Govern- 
ment which, in effect, tended to deprive then] of their most 
valuable property, and winch in its Consequence, as was 
then easily foreseen, has reduced them to the most abject 
state of Poverty and distress, the most wealthy of the In- 



456 SLAVERY PETITIONS AND PAPERS. 

habitants having immediately removed with their families 
and Effects into the Spanish Dominions ; that the Emigra- 
tion from sundry parts of the United States into the Span- 
ish Province of Louisiana is immense, much more so than 
is generally thought, and. among them numbers of wealthy, - I 
reputable and industrious persons, all, or the most part of 
whom, but for the absolute prohibition of Slavery or Servi- 
tude, would settle in this Territory. 

Although your Petitioners are opposed to an uncondi- 
tional state of Slavery, and venerate the philanthropy 
which caused the prohibition of it and of involuntary 
Servitude in the Ordinance for the Government of the Ter- 
ritory, yet they can not but entertain the hope that a mode 
adapted as well to ameliorate the Condition of the unfortu- 
nate people concerned as to establish a gradual abolition 
of Slavery will meet with your approbation. 

The mode your Petitioners wish and pray you to adopt, 
is to permit of the Introduction into the Territory of any of 
those who are Slaves in any of the United States who, 
when admitted, shall continue in a state of Servitude dur- 
ing their natural lives, but that all their children born in 
the Territory shall serve the males until! thirty-one and the 
females until! twenty-eight* at which time they are to be 
absolutely free. To the adoption of such a modification 
of Slavery your Petitioners can not conceive any well 
founded objections will be made. It can not but meet 
with the support of those who are friends to the gradual 
abolition of Slavery, and your Petitioners can not entertain 
the Idea that any will be found to oppose a measure which 
in the course of a very few years will, in ail human proba- 
bility, rescue from the vilest state of Bondage a number, 
and without doubt a considerable number, of Souls yet un- 
born. Your Petitioners do not wish to increase the num- 
ber of Slaves in the United States by the introduction of 

any from foreign Dominions. Their wishes, on the con 

i 



SLA VERY PETITIONS AND PAPERS. 457 



trary, tend considerably to diminish the number bv eman- 
cipating those who, whether born in the United .States 
where their parents reside or removed into the Spanish 
Dominions, would otherwise be bora Slaves. 

And your Petitioners further shew that they experience 
all the Inconvenience arising, as well from a want of a suffi- 
ciency of Lands open to a settlement -to ad nut of a popula- 
tion adequate to the support of ordinary County Establish- 
ments as from the want of publick roads and houses of 
E n t er t a i n n 1 e n t t o t h e s eat o f G o v e r n m e n t . 

That without the beneficent interposition of the United 
States in extinguishing the Indian Titles, if any exist, to 
the lands in their neighborhood, and in granting certain 
tracts of lands between the Illinois and Vincennes at the 
distances of a day's Journey each from the other to those 
who would open roads between those places and keep 
houses of Entertainment thereon, they must continue to 
endure those Inconveniences which become daily more felt 
from the increase of Business and intercourse between the 
seat of Government and this Country. 

Your Petitioners beg leave to observe that the Kaskaskia j 
Tribe of Indians, who alone can claim the Country in their 
neighborhood, do not exceed fifteen in number, and that 
their Title may be purchased on very easy and moderate 
terms. 

And, lastly, your Petitioners shew that for many years 
prior to the Treaty of Greenville they suffered innumerable 
acts of Cruelty from the Indians in their neighbourhood ; 
that they fondly hoped that Treaty would have secured 
them from a repetition of the former depredations. They 
have, however, sincerely to lament that their hopes have 
not been realized, but that as an extensive defenseless 
frontier they are daily exposed to their depredations, and 
will continue to be so unless protected by the Establishment 
of one or two Garrisons in the Country. 






458 SLA VERY PETITIONS AND PAPERS. 

Altho, your Petitioners are not immediate!)'' repre- 
sented in the Congress of the United States, they have, j 
nevertheless, from Experience, the Satisfaction to know 
that their Interest and Welfare are always attended to in 
your honourable Houses. 

They, therefore, humbly pray : 

1. That the sixth Article of Compact contained in the 
Ordinance for the Government of the Territory may be so 
modified as to admit of the Introduction of Slaves from any 
of the United States, to continue as such for their natural 
p V pc v>nt that the issue of such Slaves born in the Territory 
may be declared free— the males at 31 and the females at 
28 years. 

2. That the Indian Titles, if any exist, to the lands in their 
neighbourhood, viz. : From the rocking Cave on the Ohio, 
which is situated about forty miles above Fort Massac, 
thence in a northerly course untill it meets the Illinois river, 
thence down that river to its discharge into the Mississippi, 
thence down the Mississippi to the mouth of the Ohio, 
thence up the Ohio to the place of Beginning, may be ex- 
tinguished and then sold to Settlers. 

That tracts of laud at the distance of a day's Journey 
from each, other may be ceded to those who will undertake 
to open a Road between the Illinois and Vincennes, and 
keep houses of Entertainment thereon for five years at least 
to come for the accommodation of Travellers. 

And that one or two Garrisons may be established in the 
Country, or that such other mode may be adopted for the 
Relief and for the Encouragement of the Settlement of this 
frontier part of the union, as to you, in your Wisdom, shall 
seem meet, And your Petitioners as in duty bound shall 
ever Pray, etc. 



SLAVERY PETITIONS AND PAPERS. 



459 



ist October, 1S00. 
Jno. Rice Jones, 
J. Edgar, 

Joseph MeFerron, 
Robert Morrison, 
Js. Edgar, 
Jesse Morrison, 
Nathaniel C rapper, 
Thos. C rapper, 
Antoine P. Antire, 
Baptist Fort inn. 
Jeremy Downey, 
Jean Adrian, Lanaurd, 
Michel Faitque, 
Batite Lachapelle, 
Chariot Boutin, 
Batiste Chenbeurlend, 
Enris Bienvenues, 
Josephe Page, 
Michel Danij, 
John Kidd, 
Josefe Tontous, 
Allexe Bowie, 
Joseph Bovoiet, 
Joseph Xavanel, 
Michel Danij, 
Roht. McMahon, 
David Bjrber, 
La Sonde, 
Jacques Boutitinte, 
Antoine Lquviere fils, 
Etien Langlois, 
Baptiste Cotineau, 
Josephe Blay, 
Compte, 
Duclos, 

Andre Barbau, 
Baptiste Lajoye, 
Baptiste Perrin, 
Pierre Pana, 
R. Calhoun, 
John Craflbrd, 
H. Bi^s. 



William Morrison, 

Moses Oliver, 

James Morrison, 

Jean Guittarre, 

Diego Rodrigues, 

Peon Crappcr, 

G. Hutte, 

Wm. King, 

Miles Hotchkiss, 

Joseph Kicket, 

Hipolite Menard, 

Antoine Lachapelle, Jor 

Toussin Sinieal, 

Louis Chenbeurlend, 

Louis Chenbeurlend 

Jendron Perre, 

Baptiste Jendron, 

Dani, 

Antoinne Danij, 

Antoine Provo, 

Batiste Toiniche, 

Jerom Bowie, 

Cola Buaijte, 

John Spannart, 

Bte. Barbau, 

Ch. Louvin, 

Bois, 

Pierre Ahar, 

Tourgoie, 

Auguste Ahar, 

Pierre Compte, 

Nichola Olivier, 

D'amour Louviere, 

George Wittmer, 

Decochy, 

Domingue, 

Joseph Vasseur, 

Toiton, ' 

William Akeriuan, 

James McNabb, 

John Wheeldon, 

John Hay, 



Basil Lachapelle, 
Pier Feral, 
Leon Perat, 
Joseph Archanbot, 
FransoiL Toutous, 
Louis Lachapelle, 
Michel Toutous, 
Louis Morin, 
Louis Buatte, 
Loui' Francois, 
John Baptiste Moutrie, 
n Baptiste Moutrie, Juu'r, 
Francois Ruseau, 
Pierre Le Paneie, 
Anthony Moutrie, 
Charles Jandron, 
Josephe Jendron, 
Chatti Danij, 
Josefe Kieviere, 
Vitti Hicviere, 
Michel Plieviere, 
John Doyle, 
Alexis Bovoiet, 
Antoine Bienvenue Pere, 
Francois Camus, 
Louis Periaux, 
Antoine Cotineaux, 
Rene Coder, 
Baptiste Coder, 
Joseph Lavoir, 
Li on ay, 

Jacques Degagnies, 
Pierre Degagnier, 
Ambrose Vasseur, 
Francois Langlois 
Pierre Lajoye, 
Charles Langlois, 
Joseph Coder, 
Tusente Baverelle, 
S. A. Boyles, 
.William Goinges, 
Daniel Thorn, 






460 



SLAVERY PETITIONS AND PAPERS. 



Shadrach Bond, 
Denis Valanten, 
Geo. Blair, 

Js. Dumoulin, 

his 
Francois X Grondine, 

mark. 
James H. Tate, 

William Scott, Sen'r, 

Joseph Heris, 

John Wnrt^iide, 

William Scott, Jun'r, 

his 
Louis X LeBrun, 

mark. 
his 
Michette X Pitette, 

mark. 
Parat Siteng. 
Pierre Cheautien, 
Francois Charpage, 
T. Brady, 
Wm. Whiteside, 
Fr. Turgotte, 
Louis Pinsoneau, 
Louis Poisson, 
John Ritchie, Jun'r, 
George A tcheson, 
John Marney, 
Wm. Anderson, 
Samuel Stroud, 
Adam Stroud, 
Henry and John O'Hara, 
James Wilson, 
John Kinzie, 
Win. Jons ton, 
William Chalrin, 
James Dunn, 
Amos Chalfm, 
James Henderson, 
Abraham Kinney, 



George Atchison, 
James C rem our, 
B. Saucier, 

Perrey, 
his 
Jean X Meunier, 

mark. 
John Singleton, 

Hendry Mall, 

Jacob Short, 

Abram Clark, 

David Waddell, 

John Caldwell, 

his 
Antoin X Veaudry, 

mark. 
N. Biron, 
Arren Gettie, 
Pe Laperche, 
Therese Chouteau, 
Henry Hat ten, 
Jean Dehai, 
Pierre Guerion, 
B. Dubuque, 
Alexander Waddell, 
Davies Waddell, 
Jesse Waddell, 
Jehu Scott, 
John Dimpsey, 
Patt Honeberry, 
Wm. Porter, 
George Roberts, 
William Robins, 
Daniel Star, 
John Nowland, 
George Ri tcheson, 
Isaac Vannatre, 
Michel Ryan, 
Prince Bryant, 



John Hayes, 
William Arundel, 
Robert: Hamilton, 

his 
Louis X Le Compte, 

mark. 
Etn. Pinsono, 

Louis Petit, 
his 
Joseph X Pbupard, Jun'i 
mark. 
Joseph Poupard, Sen'r 

his 
Nicolas X Boismeneu, 

mark. 
William Nichols, 

Baguine, 

Jean Louis St. Germa 

Michel Beaulieu, 
Jean Beaulieu, 
Francois Chanalle, 
Michel Lagrave, 
Francois Demet, 
Louis Dubois, 
N. Gar rote, 
James Waddell, 
Samuel Kinkead, 
Jan Hendick Van dei Pc 
Henry Cook, 
Ichabod Badgley, 
Aaron McDaniels, 
Solomon Teter, 
Solomon Shook, 
Robert Lemen. 
Daniel Sink, 
John Robins, 
George Vailantirie, 
Calvin Curry, 
Thomas Todd, 
Daniel Mull, 
demerit Drury, 



SLAVERY PETITIONS AND PAPERS. 



461 



W. Hull, 

William Drury, 
George Fisher, 
John Fisher . 
William Alexander, 
John Grooms. 
VV. E. Morrison, 
Francis Le Meaud, 
Blaise Barutal, 
T. Newburg, 
Joseph Trotier, 
St. Aldienmet, 
Amos Pettit. 



William McGloghton, 
Robert Smith, 
William Dunn, 
William Kinney, 
Clement Drury, 
Parker Grosvenor, 
Allexy Doza, 
Louis Le Meaud, 
Robert McMahon, 
W. Willson, 
William Kelly, 
Abraham Kenney, 



(Address on back.) 
"To the Honorable, the Senate 
and House of Representatives of the 
United States of America." 

(Indorsement.) 
u The Petition of Inhabitants of 
Indiana Territory." 
January 23, 1S01. 



L. 6 Cong., 
2nd Sess. 



Raphel Drury, 

Henry Jones, 
Sam'l S. Spencer 
Roger S elder], 
Ralph Drury, 
T. Morrison, 
Clodius Le Meat" 
Michael Smith, 
Abraham Levin, 
David Palmier, 
James Anderson, 
Joseph Kenney. 



Note. — No report was made on this petition. It was laid on the table 
when presented, and no further action was taken. Annals 6th Congress, 
P- 735- 



PETITION OF THE VINCENNES CONVENTION 



(Copy of original paper. House Files.) 

To the Senate and House of Representatives of the United States in 
Congress assembled, the memorial and Petition of the. Inhabitants of 
the Indiana Territory respectfully Sketveik: 

That nine-tenths of your memorialists being of opinion, 
that the sixth article of Compact contained in the ordi- 
nance for the Government of the Territory has been ex- 
tremely prejudicial to their Interest and welfare, requested 



■a 6 2 SLA VEE Y PE TITIONS A ND PA VERS. 

the Governor by petitions from each of the several conn 
ties to call a general convention of the Territory for the 
purpose of taking the sense of the whole People by theii 
Representatives on a subject to them so interesting and of 
afterwards taking such measures as to them might seei r 
meet by petition to your honorable Bodies not only for ob 
taining the repeal or suspension of the said article of Com- 
pact but also for that of representing and Petitioning for 
the passage of such other Laws as would in the opinio!: 
of the Convention be conducive to the general welfare, 
population and happiness of this distant and unreptesente a 1 
portion of the United States. 

This convention is now sitting at Vincennes and have § 
agreed to make the following representations to the Con 
gress of the United States, not in the least doubting but 
that everything they can desire (not prejudicial to the Con- 
stitution or to the Interest of the General Governments 
will readily be granted them. 

The Sixth article of Compact between the United States 1 
and the people of the Territory which declares that there j 
shall be neither slavery nor involuntary servitude in it has 
prevented the Country from populating and been the 
reason of driving many valuable Citizens possessing Slaver- 
to the Spanish side of the Mississippi, most of whom but I 
for the prohibition contained in the ordinance would have 
settled in this Territory, and the consequences of keeping 
that prohibition in force will be that of obliging the num- 
erous Class of Citizens disposed to emigrate, to seek an 
Asylum in that country where they can be permitted to 
enjoy- their property. 

Your memorialists however and the people they rep- 
resent do not wish for a repeal of the article entirely, but 
that it may be suspended for the Term of Ten Years and 
then to be again in force, but that the slaves brought jnto 
the Territory during the Continuance of this Suspension 



SLA VERY PETITIONS AND PAPERS, 463 

and their progeny, may be considered and continued in 
the same state of Servitude, as if they had remained in 
those parts of the United States where Slavery is permitted 
and from whence they may have been removed. 

Your memoralists beg leave further to represent, That 
the quantity of lands in the Territory open for Settlement is 
by no means sufficiently large to admit of a population ade- 
quate to the purposes of Civil Government: They therefore 
pray that the Indian titles to the land lying between the 
settled part of the Illinois country and the Ohio, between 
the general Indian boundary line running from the mouth 
of the river Kentucky and the tract commonly called 
Clark's Grant and between and below the said Clark's 
Grant and the Ohio and Wabash Rivers, may be extin- 
guished ; and as an incouragement for a speedy popula- 
tion of the Country that those lands and all other public 
lands in the Territory may be sold in Smaller Tracts and 
at a lower price than is now allowed by the existing 
Laws— A purchase of most of the Country above men- 
tioned but more especially of that part lying between the 
Illinois and the Ohio it is conceived may be easily ob- 
tained from the Indians and on very moderate and advan- 
tageous Terms. ! 

Several persons (as your memoralists are informed) 
having settled on the public lands in this Territory with 
the intention of purchasing the same when offered 
A.' for sale by the United States are fearful that advan- 
, tages may be taken of their Improvements to enhance 

the Price— Your Petitioners therefore pray. That a law 
may be passed for their relief, giving the right of Pre- 
emption to all those who may have so settled on the pub- 
lic lands, and also as one of the more sure means of pop- 
ulating the Country as of enhancing the value of the 
United States lands remaining undisposed of in the Ter- 
ritory. They further pray, that provision may be made 



4 64 SLA YEll Y PETIT] ONS AND PA PERK. 

in the said Law for securing a certain part of every Sec- 
tion of Such public land to those who will actually settle 
and cultivate the same. 

The United States having pledged themselves in the 
Ordinance that Schools and the means of Education 
should be forever encouraged, and having in all the Sales 
of land heretofore made, reserved considerable portions 
thereof for that purpose. 

Your memorialists, therefore, humbly pray that a law 
may be passed making a grant of lands for the support of 
Schools and Seminaries of learning to the several Settle- 
ments in the Illinois, the Settlement of Vincennes, and thai 
of Clark's Grant, near the Rapids of the Ohio. 

The means of communication as well between the sev- 
eral Settled parts of the Territory as between the Territory 
and the State of Kentucky, being extremely difficult and 
inconvenient, as well for want of good Roads as for want • 
of houses of Entertainment, and as neither of those objects 
can be obtained otherwise than by application to the United 
States who own or may own the lands through which the 
said Roads must pass. \ 

Your memorialists, therefore, further pray that a law 
may be enacted granting to such persons as the Governor 
of the Territory may recommend, Four hundred acres of 
land to each in such places as the said Governor may 
designate, not exceeding the distance of Twenty miles from 
each other, on the road leading from Clark county to Knox 
county, and from Vincennes in the said County to the Bank 
of the Ohio opposite to the town of Henderson, in Ken- 
tucky ; also from Vincennes to Kaskaskia, in Randolph 
county, and from thence to Lusk\s Ferry on the Ohio, who 
will open good waggon roads and Establish houses of En- 
tertainment thereon for Five Years, under such restrictions 
as to your Wisdom may Seem Necessary. 



SLAVERY PETITIONS AND PAPERS. 



l6K 



And your Memorialists further beg leave to represent 
that one of the most indispensable articles of life (Salt) is 
very Scane and difficult to be obtained, That for the want 
of a sufficient number of Salt Springs in their Country, that 
difficulty must increase with the population, and if effectual 
methods are not taken to secure the Timber in the neiph- 
bourhood of the Salt Springs from being willfully or care- 
lessly wasted and destroyed, they will in a very few years 
indeed be utterly destitute of that very valuable article ; 
that there is but one Salt Spring known in the Country of 
any value, and that is situate below the mouth of the Wabash 
River, Commonly called the Saline, and is very advanta- 
geously placed for the accommodation of most of the In- 
habitants of the Territory, and has, moreover, been lately 
ceded by the Indians to the general Government. 

Your memoralists, therefore, humbly pray the Congress 
of the United States to extend their Bounty to this Terri- 
tory as they have lately done to that Northwest of the Ohio, 
and vest the said Salt Spring in the Legislature of the Ter- 
ritory, as soon as it is formed in trust, for the use of the 
Territory, and untill the Legislature be formed, that the 
management of said spring be committed to the Governor 
of the Territory, or to such other person as the President 
of the United States may think proper to appoint 

By a Resolve of Congress of the -29th August, 178S, 
confirmed by an Act of the United States of the 3d 
March, 1791, a donation of Four hundred acres of land 
C. is given to each of those persons who were heads of 
Families in the Illinois Country on or before the year 
1783, which the Governor of the Territory was directed to 
cause to be laid off to the several claimants in a form of a 
Parallelogram adjoining the several Villages therein men- 
tioned . 

The whole of the lands adjoining those Villages were 



466 SLA VERY PETITIONS AND PAPERS. 

before the passage of the above R.esolve the private prop- 
erty of Individuals who claimed the same by Virtue of oki 
grants made to them and their ancestors during the time 
of the French government so that the Governor could nut 
cause the said donation to be laid off in the form and man- 
ner designated by the said Resolve* 

Tin's has been very detrimental to the several Grantees, 
and in a great measure prevented the further population 
of the Country, your memorialists however beg leave to 
observe, that if the said donation lands are directed to be 
laid off in distinct Bodies for each Village, by far the great- 
est port of them must from the very large and extensive 
Prairies with which the whole of that country abounds be 
wholly and absolutely useless through the entire, want of 
Timber. 

Your mernoralists therefore pray you to take the situa- 
tion of the antient Inhabitants of the Illinois Country into 
Consideration and as the humane Intention of Congress 
was to give such lands as would be useful, that you will 
permit the said Grantees, their Heirs and assigns es- 
pecially after a period of Fourteen years, to locate their 
said donation of Four hundred acres of land in separate 
Tracts, in such parts of the Illinois Country to which the 
Indian titles may have been extinguished, and that the 
Governor of the Territory may be authorized to issue 
Patents therefor. This permission to locate the lands in 
separate Tracts, will not it is conceived be prejudicial to 
the United States, as the value of the lands in the neigh- 
bourhood of each Settled Tract will thereby be con- 
siderable augmented. 

Your mernoralists further shew that they view that part 
of the ordinance for the Government of the Territory 
which requires a freehold qualification in fifty acres of 
land as Electors for members to the general assembly as 



SLA T r ER Y PETITIONS A NB PA PERS. 467 

subversive of the liberties of the Citizens and tending 1.6 
throw too great a weight in the Scale of wealth — They 
therefore pray that the right of Suffrage (in voting for 
representatives to the General assembly) may be extended 
to the free male Inhabitants of the Territory of the age of 
Twenty one years and upwards, but under such Regula- 
tions and Restrictions as to you in your Wisdom may seem 
proper. 

Since the .Erection of the Territory into a separate Gov- 
ernment., the Attorney General thereof has prosecuted 
not only for offenses committed against the Municipal 
Laws of the Territory but also against the Laws of the 
United States, and has been obliged at three different 
Times to travel one hundred and sixty miles, from his 
home to the seat of the Territorial Government to prose- 
cute offenders against those Laws, and yet he lias re- 
ceived no Compensation for his Services either from the 
United States or the Territory, nor is it probable that the 
Territory can afford to allow him any Salary for his future 
services. 

Your memorialists, therefore, pray that a Law may be 
passed allowing a Salary to the Attorney-General of the 
Territory adequate to the important services which are 
rendered by that officer to the United States as well as to 
the Territory. 

Your memorialists are well aware that the consideration 
of the numerous objects contemplated by this memorial 
will require more time than can well be spared from the 
important and general concerns of the Union, but when 
they reflect upon their neglected and orphan-like Situation 
they are emboldened to hope that their wants and wishes 
will meet with all the indulgence and attention necessary 



<6S 



SLAVERY PETITIONS AND PAPERS. 



to secure to them the relief which is so essential to theii 
welfare and happiness. 

Done at vincerines in the Indiana Territory the 
twenty-eighth day of December in the Year 
of our Lord One Thousand Eight Hundred 
and Two, and of the Independence of the 
United States the Twenty-Seventh, 
By order of the Convention. 

• Wixlm Henry Harrison President 
& Delegate from the County of Knox. 
Teste 
John Rick Jones 
Secy 

Note. — This is the seal of Indiana, setting sun, buffalo 

and man cutting tree, but not the same as now — the buf- 

[seal.] faio's tail is down and the hood is opposite the sun. 

The word Indiana is on a scroll in the branches of the 

tree. 

Indorsements. 

No. 4. 
Memorial and petition of the in- 
habitants of the Indiana Territory 
signed by order of a convention of 
the said inhabitants by William 
Henrv Harrison, their President. 



17th February, 1804. 
Report made and referred to a 
committee of the whole House on 
Monday next. 



8th February, 1803. 
Referred to Mr. Randolph 
Mr. Griswold 
Mr. Robt. Williams 
Mr. Lewis R Morris 

and 
Mr. Hoge. 

2nd March, 1S03, report made and 
referred to a committee of the 
whole House to-morrow. 

15th December, 1803, referred to 
Mr. Rodney. Mr. Boyle, and Mr. 
Rhea (of Tennessee.) 



18th December, 1805. 
Referred to Mr. Garnett, W. 

Morrow of Ohio, Mr. Parke, Mr. 
Hamilton, Mr. Smith (of So. Caro- 
lina), Mr.Walton and Mr.Van Cort- 
landt. 

13th February, 1806. 
Select comVe dischd. from so 
much as relates 'to donation and 
preemption right to lands and to 
the salt springs, and the same re- 
ferred to the Committee on the 
public Lands. 

14th Fcb'y 1806. 
Rep. made and refd. to Com ee 
who: House on Tuesday next. 



SLA VERY PETITIONS AND PAPERS, 469 

Resolution of Vincennes Convention. 

(Accompanying the preceding. Copy of original paper. House files.) 

We the People of Indiana Territory inhabiting the mid- 
dle and western Divisions of the Country Northwest of the 
Ohio, do by our Representatives in general Convention 
assembled, hereby agree that the operation of the Sixth 
Article of Compact between the United States and the 
people of the Territory should be suspended for the space 
pf ten years from the Day that a law may be passed by- 
Congress giving their Consent to the Suspension of the 
said Article. 

Provided however that should no law be passed by Con- 
gress for suspending the said article before the 4th day of 
March 1805, then the Consent o( the people of this Terri- 
tory hereby given shall be void and of no effect. 

Done at Vincennes in the Indiana Territory the 
twenty-fifth day of December one thousand 
Eight hundred and two, and in the twenty- 
seventh year of the Independence of the 
United States. 

By order of the Convention. 

Willm Henry Harrison President 
& Delegate from the County of Knox. 
Teste 
Jno. Rice Jones, 
Secretary. 

[seal.] Note. — Seal of Indiana as in preceding. 

Indorsement. 

Accompanying a letter from Will- 
iam Henry Harrison, President of 
the Convention held at Vincennes in 
the Indiana Territory received the Sth 
>3 



470 SLA VERY PETITIONS AND PAPERS. 

Letter of William Henry Harrison. 

(Accompanying the preceding. From Ex. Docs. 7th Cong., 2d Gets.) 

I n Con ven tio n , 

ViNGENNEs, Indiana Territory, 
28th December, 1802. 
Sir— The people of the Indiana. Territory, having by 
their representatives in general convention assembled, de- 
termined to suspend, for a term of years, the operation of 
the sixth article of Compact between the United States and 
the people of the Territory, I have the honor herewith to 
inclose you for the information of the house of Represen- 
tatives, the instrument declaratory of their consent. 
I have the honor to be, 
With perfect respect, 

Sir, your humble servant, 
(By order of the convention) 

William Henry Harrison. President, 

and Delegate from the County of Knox. 
The Honorable 

The Speaker of the House of Representatives of the 
United States. 



Report on the Preceding. 

(Am. State Papers. Public Lands, Vol. I, p. 146.) 

7th Congress. 2d Session. .; 

Indiana Territory. 

CommMnicated to the House of Representatives, March #, 1803. 

Mr, Randolph, from the committee to which was re- 
ferred a letter from William Henry Harrison, president of 
the convention held at Vincennes, declaring the consent 
of the people of Indiana to the suspension of the sixth 
article of compact between the United States and the 



SLAVERY PETITIONS AND PAPERS. 



-71 



people of that Territory ; also, a memorial and petition of 

the inhabitants of the said Territory ; made the following 
report : 

That the rapid population of the State of Ohio suffi- 
ciently evinces, in the opinion of your committee, that the 
labor oi slaves is not necessary to promote the growth and 
settlement of colonies in that region. That this labor, 
demonstrably the clearest of any,, can only be employed 
to advantage in the cultivation of products more valuable 
than any known to that quarter of the United States : that 
the committee deem it highly dangerous and inexpedient 
to impair a provision wisely calculated to promote the 
happiness and prosperity of the northwestern country, 
and to give strength, and security to that extensive fron- 
tier. In the salutary operation of this sagacious and 
benevolent restraint, it is believed that the inhabitants of 
Indiana will, at no very distant day, find ample remunera- 
tion for a temporaiy privation of labor and of emigration. , 

On the various objects of the memorial, your committee 
beg leave to observe : 

That, an appropriation having been made, empowering 
the Executive to extinguish Indian titles to lands within 

o 

the limits of the United States, the particular direction of 
that power rests entirely with that department of the Gov- 
ernment; that, to permit the location of the claims under 
the resolve, of Congress of the 29th of August, 1788, and 
the act of the 3d of .March, 1791 (of whose number and 
extent the committee are entirely ignorant) in the mode 
pointed out in the memorial, would be an infringement 
upon that regular mode of survey and of location which 
has been so happily adhered to in relation to the public 
lands. At the same time the committee are of opinion 
that, after those lands shall have been surveyed, a certain 
number of townships should be designated, out of which 
the claims aforesaid ought to be satisfied. In a country 



•472 SLAVEJIY PETITIONS AND PAPERS, 

abounding in new and unsettled lands, it is presumed that 
every individual may become a proprietor of the soil ; and 
inasmuch as the people of Indiana will, at a period not far 
distant, be enabled to establish the right of suffrage on 
such principles as the majority may approve, the commit- 
tee deem it inexpedient to alter a regulation whose effect 
is to retain in the hands of .persons naturally attached to 
the welfare of the country the Government of a remote 
dependency, which, from its vicinage to the territories of 
foreign States, and from the sparseness of its population, 
might otherwise be exposed to foreign intrigue and in- 
fluence. 

Measures having been taken to put the salt spring below 
the mouth of the Wabash river in a situation to yield every 
possible benefit to the adjacent country, the committee are 
of opinion that it is, at this time, inexpedient to vest that 
property in the legislature of the Indiana Territory, From 
such a consideration as they have been enabled to bestow 
on the subject at this late period of the session, and under 
the pressure of accumulating business, they recommend 
the following resolutions, which are respectfully submitted 
to the judgment of the House: 

i. Resolved, That it is inexpedient to suspend, for a 
limited time, the operation of the sixth article of compact 
between the original States and the people and States west 
of die River Ohio. | 

2. Resolved, That a provision, not exceeding one thirty- 
sixth part of the public lands within the Indiana Territory, 
ought to be made for the support of schools within the same. 

3. Resolved, That the Secretary of the Treasury be, and 
he hereby is, required to cause an estimate to be made of 
the number and extent of their claims to lands under the 
resolve of Congress of the 29th of August, 1788, and the 
act of the 3d of March, 1791 ; and to lay the same before 
this House at the ensuing session of Congress. 



SLA VERY PETITIONS AND PAPERS. 



473 



4. .Resolved, That in all sales of the public lands within 
the Territory of Indiana, the right of preemption be given 
to actual settlers on the same. 

5. Resolved, That it is inexpedient to grant lands to 
individuals for the purpose of establishing houses of enter- 
tainment, and of opening certain roads. 

6. Resolved, That it is, at this time, inexpedient to vest 
in the Legislature of Indiana the salt spring below the 

O J. CJ 

mouth of the Wabash river. 

7. Resolved, That it is inexpedient to alter the existing 
regulation of the right of suffrage within the said Terri- 
tory. 

8. Resolved, That compensation ought to be made to 
the Attorney General of the said Territory, for services 
performed by him in behalf of the United States. 



Note. — It will be seen, from the indorsements on the petition of the 
Vincennes Convention, that it was referred year after year, in connection 
with kindred petitions, and was acted on long after the time fixed by the 
Convention as the limit of their consent to a change in the sixth article. 



Second Report on Petition of the Vincennes 
Convention. 



8th Congress. 1st Session. 

Slavery, Elective Franchise, and Public Lands 

In Indiana Territory. 

Communicated to the House of Representatives, February 17, ISO./.. 

Mr. Rodney, from the committee to whom were referred 
a letter from William Henry Harrison, president of the 
general convention of the representatives of the people of 
the Indiana Territory, also a memorial and petition from 
the said convention, together with the report of a former 
committee on the same subject at the last session of Con- 
gress made the following report : 



474 SLA VERY PETITIONS AND PAPERS. 

That taking into their consideration the facts staled in 
the said memorial and petition, they are induced to believe 
that a qualified suspension, for a limited time, of the. sixth 
article of compact between the original States and the 
people and States west of the river Ohio, might be pro-* 
ductive of benefit and advantage to the said Territory. 

They do not conceive it would be proper to break in 
upon the system adopted for surveying and locating public 
lands, which experience has proved so well calculated to 
promote the general interest. If a preference be given to 
particular individuals in the present instance, an example 
will be set, by which future claimants will obtain the same 
privilege. The committee are, nevertheless, of opinion, 
that after those lands shall have been surveyed, a certain 
number of townships should be designated, out of which 
the claims stated in the memorial ought to be satisfied ; 
and that, for the encouragement of actual settlers, the 
right of pre-emption should be secured to them. 

They consider the existing regulations, contained in the 
ordinance for the government of the Territory of the 
United States, which requires a freehold of fifty acres as 
a qualification for an elector of the General Assembly, as 
limiting too much the elective franchise. They conceive 
the vital principle of a free Government is, that taxation 
and representation should go together after a residence of 
sufficient length to manifest the intention of becoming a 
permanent inhabitant, and to evince, by conduct orderly 
and upright, that a person is entitled, to the rights of an 
elector. This probationary period should not extend be- 
yond two years. 

It must be the true policy of the United States, with the 
millions of acres of habitable country which she possesses, 
to cherish those principles which gave birth to her inde- 
pendence, and created her a nation, by affording an 
asylum to the oppressed of all countries. 



SLA VER Y PETfTJONS AND PA PEPS. 475 

One important object desired in the memorial, the extin- 
guishment of the Indian title to certain lands, has been 
happily accomplished ; whilst the salt spring below the 
j month of the Wabash river has also been placed in a situa- 
tion to be productive of every reasonable advantage. 

After a careful review and an attentive consideration of 
the various subjects contemplated in the memorial and 
petition, the committee respectfully submit to the House the 
following resolutions, as embracing all the objects which 
require the attention of Congress at this period: 

.Resolved, That the sixth article of the ordinance of 17S7. 
which prohibited slavery within the said Territory, be sus- 
pended, in a qualified manner, for ten years, so as to per- 
mit the introduction of slaves, born within the United. 
States, from any of the individual States: Provided, That 
such individual State does not permit the importation of 
slaves from foreign countries : And, -provided further ', That 
the descendants of all such slaves shall, if males, be free at 
the age of twenty-five years, and, if females, at the age of 
twenty-one years. 

2. Resolved, That every white free man, of the age of 
twenty-one years, who has resided within the Territory, 
two years, and within that time paid a territorial tax which 
shall have been assessed six months before the election, 
shall enjoy the right of an elector of members of the Gen- 
eral Assembly. 

3. Resolved, That in all cases of sales of land within the 
Indiana Territory, the right of pre-emption be given to 
actual settlers on the same. 

4. Resolved, That the Secretary of th^e Treasury -be, and 
he is hereby, required to cause an estimate to be made of 
the number and extent of the claims to lands under the 
resolution of Congress of the 29th of August, 17SS, and the 
law of the 3d of March, 1796, and to lay the same before 
this House. 



4 >j6 SLA VERY PETITIONS AND PA PLUS. 

5. Resolved, Thai; provisions, not exceeding one-thirty- 
sixth part of the public lands within the Indiana Territoi , , 
ought to he made for the support of schools within the 
same, . 

6. Resolved. That it is inexpedient to grant lands to indi- 
viduals for the purpose of establishing" houses of entertain- 
ment, and opening certain roads. 

7. Resolved, That it is inexpedient, at this time, to vest in 
the Legislature of Louisiana'- Territory the salt spring 
below the mouth of the Wabash river. 

8. Resolved, That compensation ought to be made to the 
attorney general of the said Territory for services performed 
by him on behalf of the United States. 



LEGISLATIVE PETITION OE DEC. IS, 1805. 

(Copy of original paper. Hou?c files.) 

To the Senate and House of Representatives of the United States in 
Congress assembled, the petition of the subscribers, members of ■'/<■>- 
Legislative Council and House of Representatives of the Indiana 
Territory, and constituting a majority of the iv;o Houses respectively. 
h u m bly shevjeth 

That inasmuch as there are several subjects of legisla- 
tion, material to the present and future interests of the In- 
diana Territory which are. under the control of Congress 
only, they think it prudent and Just in relation to their 
constituents and themselves to state them for the consider- 
ation of your honorable body. 

In the first place we would submit the propriety of the 
introduction of slaves into this Territory* It is not from a 
sordid motive or one that springs merely from a view to 
the present circumstances and situation of this Country, 
that they urge the adoption of the measure but they con- 

*Evidently a misprint of '"Indiana." 



SLA VERY PETITIONS AND PAPERS. qyj 

skier the subject upon principles of justice and policy- 
Justice in relation to slaves and policy as it regards the 
Southern states. The slaves that are possessed south of 
the Potomac render the future peace and tranquility of 
those states highly problematical. Their numbers are too 
great to effect either an immediate or a gradual simulta- 
neous emancipation. They regret the African that was 
first landed in the Country and could wish that the invidi- 
ous distinction between freemen and slaves was obliterated 
from the United States. But however repugnant it may 
be to their feelings, or to the principles of a republican 
form of Government, it was entailed upon them by those 
over whose conduct they had no control. The evil was 
planted in the Country when the domination of England 
overruled the honest exertions of their fellow-citizens, it is 
too deeply rooted to be easily eradicated, and it now rather 
becomes a question of policy, in what way the slaves are 
to be disposed of, that they may be least injurious t,o the 
Country and by which their happless condition may be 
ameliorated. When they are herded together by hun- 
dreds they cannot be as comfortably provided for as if they 
were scattered in small numbers on farms. That a re- 
moval to the Western Territories would relieve them from 
many of the hardships and inconveniences to which they 
are now subjected they appeal to their situation in the 
northern parts of the states of Maryland and Virginia and 
the States of Kentucky and Tennessee. They do not 

conceive that the greatest influx of emigrants would in- 
to £;> 

crease the number of blacks to such a degree as to render 
them in the least dangerous to the future interests of the 
Territory and with submission they would suggest that 
dispersing them through the Western Territories is the 
only means by which a gradual emancipation can ever be 
effected. 

The Western Territories are immense, their situation 



47o SLA VERY PETITIONS AND PAPERS. 

inviting, emigration astonishly great, the population wc I 
of the Ohio mast chiefly be derived from the Southern an ! 
Western States where slaves are most numerous and if no 
restrictions were imposed but holders and possessors 
blacks permitted to remove them wherever whim or caprit ■ ' 
might dictate, they would venture to predict that in lei 
than a century the colour would be so disseminated as U 
be scarcely discoverable. 

In the next place Ave submit the propriety of a repeal of 
so much of the ordinance of seventeen hundred and eighty 
seven as relates to the exercise of the right of suffrage, and 
that every free male of free age and resident a certain time, 
or such as are liable to the payment of Taxes should have 
a voice in all elections. Your petitioners conceive that the 
distinction which now exists between those who are not 
possessed of freehold estate, to a certain extent, is invidious 
and unjust ; and that taxation and representation ought to 
be inseparably connected. Those who contribute to the 
support of Government ought to have a voice in the ad- 
ministration thereof. Property is in no instance a test of 
merit or virtue and they do not believe that representative 
bodies will ever be purer or more solicitous for the welfare 
and prosperity of, and the impartial administration of jus- 
tice in, the country under the present restrictions that if 
placed upon the basis above mentioned. 

In the next place your petitioners would propose that the 
United States should cede to this Territory ail the salt 
licks and springs in the same on condition that the Terri- 
tory should exempt from taxation for the Term of seven 
years such lands as the United States may dispose of here- 
after. This measure would be mutually beneficial to the 
United States and the Territory. It would encourage ana 
increase a Settlement of Public lands, as nothing is more 
injurious to emigrants to a new country than taxation ; 
from the cession the Territory would obtain an adequate 



SLAVERY PETITIONS AND PAPERS. 479 

compensation for the proposed exemption, and with due 
submission they believe that these licks and springs might 
be managed by the Government of the Territory in a 
manner that would render them as beneficial to the citizens 
of the western Country as they were under the Govern- 
ment of the United States. The citizens of the Territory 
are the most immediately interested in the just and up- 
right administration of whatever relates to these important 
possessions and in doing Justice to themselves it is believed 
that the}^ will extend their benefits as far as the necessities 
of the western country may require. 

In the next place they would submit the situation, of 
various descriptions of claimants to land in this Territory. 
Under certain resolutions and acts of Congress donations 
of land were made to certain inhabitants thereof. The 
donations of four hundred acres each, to the antient in- 
habitants of Vincennes and the greater part of the settle- 
ment and improvement rights as also the claims for mili- 
tary services have been satisfied. But the donations for 
the inhabitants of the Mississippi settlers have never been 
located, although seventeen years have elapsed since the 
resolution therefor was passed by Congress. It is true 
that provision was made for this purpose but it was calcu- 
lated to destroy the end proposed, and it Was also consid- 
ered by the Governor of the Territory that he could not 
carry it into effect. To locate these rights as well as oth- 
ers that still exist in the country in a body as has been 



contemplated, would destroy the munificent object which 
Congress had in view in making the donations. The 
prairies comprise much the largest portion of the Country 
to the West of the Wabash, and if the locations were made 
together, a great part of them would fall within a Tract of 
Country possessed of neither wood nor water — Your peti- 
tioners would therefore beg leave to suggest as a measure 
of policy and Justice, the propriety of permitting claimants 



/f 8o SLA VERY PETITIONS AND PAITlht:. 

to land under any resolution or act of Congress, whose 
claims have been sanctioned by the Governor of the Terri- 
tory, or whose claims may hereafter be adjusted and set- 
tled by the board of Commissioners respectively to enter 
the same with the receiver of the land office of the District' 
in which the claimants may reside, at such rate per acre 
as may be fixed and established for the sale of public lands 
and to receive a quantity of land at such rate equal to the 
amount of their claim, in such place as they may select, 
subject however to the provisions of the law respecting 
public sales of the lands of the United States. 

In the next place your petitioners would wish to call the 
attention of your honorable body to a subject which they 
consider of the utmost importance, It is understood that 
application will be made to Congress at their next Session 
for a division of the Territory, No measure whatever will 
have a more serious and pernicious influence on the inter- 
ests and future prosperity of the Territory than this, and 
from a candid and impartial examination of the subject 
they can. discover no plausible reason in favor of it. As 
it may Justly be presumed that those most familiarized 
wn'th the situation and relative interests of the Territory 
have an opportunity of forming a correct estimate of the 
expediency or impropriety of this measure, they beg leave 
to submit a few remarks on the subject. 

The seat of Government is established at Vincennes 
situate as near the center between the western and eastern 
extremes of the Territory as convenience and propriety 
will admit. It has been said, that the distance from the 
exterior parts of the Territory to Vincennes operates a 
serious inconvenience to the inhabitants thereof. Your 
petitioners believe that there is no reason neither Just nor 
plausible in support of the Opinion. The administration 
of Juslice, and of the Government generally, is arranged 
in such a manner, that a Journey to Vincennes is in very 



SLA VMM Y PETITIONS A ND PAPERS. 48 1 

few instances necessary. The General Court holds an 
annual session in each county for the trial of issues of fact 
belonging thereto and made up in the General Court. It 
is true that were there a greater number of Judges of the 
General Court, some delay in the trial of causes might be 
saved as there could be two instead of one annual Session 
in each County. 

But the Territory has recently adopted the second grade 
of Government by which a considerable expence must 
necessarily be incurred. Taxes will be as heavy as the 
people can support for several years. Land is almost the 
only source of Territorial revenue. If the contemplated 
division lakes place one section of the Territory will nec- 
essarily have to support the expence that; is now collected 
from the whole. The subject is left to the consideration 
of Congress. 

Your petitioners will now proceed to a subject of eq.ual 
importance and the consideration of which is in some de- 
gree connected with the preceding. They wish that the 
United States may be relieved from the expences and in- 
conveniences of the Territorial Government and for this 
purpose that the citizens of trie Territory should be per- 
mitted to form a State Government as soon as their popu- 
lation would authorise the measure. 

At present the ordianance contemplates a division of the 
Territory into two States. But many years must elapse 
before the two sections will arrive at a degree of popula- 
tion by which this desirable object can be effected. With 
submission they would therefore propose, to connect the 
two divisions in one State Government, until they sever- 
ally obtain a population that will authorise a division into 
two States. They conceive that no disadvantage could 
result to the United States from this arrangement and 
they are confident that it would be productive of essential 
benefits to the country. The consideration of self Gov- 



4 § 2 SLAVEET PETITIONS ANT) PATERS. 

eminent alone is sufficient to render it desirable. The 
Indian Title, except a part of the Piankashaw claim, has 
been extinguished from the Miami to the Mississippi ; and 
from the measures recently taken by the General Govern- 
ment for the Surveying and disposal of Public Lands, a 
short time will connect all the settlements from one ex- 
treme of the Territory to the other. It is less than three 
hundred miles from the Miami to the Mississippi ; from 
the upper settlements, opposite the Missouri, it is less than 
two hundred miles to the Ohio; and from Vincennes on 
the Wabash to the Ohio it is about fifty miles. 

This tract of country lies in a convenient form for a 
State. The character, customs and manners of the peo- 
ple are nearly the same ; their respective interests are the 
same ; as also the climate, soil and productions. And the 
country at any future period can be divided into two 
States if an accumulated population renders it expedient 
or necessary. 

All of which is respectfully submitted. 
August 19th, 1805. 

B. Chambers, 

President, of the Council , 
Jno. "Rice Jones, ) Members 01 
Pierre Menard, ) the L. C, 
Jesse B. Thomas, 
Speaker of the House of Representatives, 

John Johnson, J Members - of 

G. r ISHER, > .. tt -d 

B. Parke, ) the H. Rep. 

Indorsements* 
No. 6. 

Petition of the Legislative Coun- 
cil and House of Representatives of 
the Indiana territory. 



SLA VERY PETITIONS AND PA EEL'S. 483 



iStli December, 1805, 
referred to Mr. Garncti, 

Mr, Morrow, of Ohio, 

Mr. Parke, 

Mr. Hamilton, 

Mr. Smith, of So, Carolina, 

Mr. Walton, and 

Mr. Van Cortlandt. 

13th February, iSg6, * 
Select Com'ee, discharged from so 
much as relates to the salt licks and 
springs and the donation and pre- 
emption right to lands, and the same 
referred to the Committee on the 
Public Lands. 

Sth April, 1S06, ; 
Committee on Public Lands dis- 
charged, and referred to Committee 
of the whole House, on the bill re- 
specting claims to lands in Indiana 
territory and State of Ohio. 

M. Gregg. 



MEMORIAL FROM RANDOLPH ANT) ST. CLAIR 
COUNTIES, 1805. 

(Copy of Original Paper. House Files.) 
To the honorable the senate and hozise of representatives of the United 



States in Congress Assembled: The memorial of the subscribers, in- 
habitants of the counties of Randolf h and St. Clair, situated on the 
east bank of the Mississippi, in the Indiana Territory, respectfully 
shevjeth, 

That your memorialists have at various periods, since 
the division of the Territory northwest of the Ohio, ad- 
dressed your honorable bodies, praying for the redress of 
certain heavy grievances, under which they then labored, 



484 SLA VERY PETITIONS AND PAPERS. 

but that, from the policy adopted by your honorable bod- 
ies, in the general arrangements for the governments of 
these territories and of the late ceded province of Louisi- 
ana, with which the immediate local interests of your me- 
morialists were conceived to be incompatible, they were 
unhappily disappointed. But as those general arrange- 
ments have now been compleated, and the policy of the 
general government, in the direction of the affairs of the 
western extremity of the union, are evidently to the minds 
of your memorialists, they confidently hope now to present- 
to your consideration the adoption of a measure which, in 
their opinions, is not only calculated to remove effectually 
the causes of their still existing grievances, but is, at the 
same time, perfectly consonant to the general views of gov- 
ernment, with respect to the political system to be adopted 
for the territories lying east and west of the Mississippi. 
Under this impression, and from a full conviction, that your • 
honorable bodies will bestow due consideration on the cir- 
cumstances of your memorialists, they respectfully solicit 
your attention, while they suggest the expediency of a divi- 
sion of the Indiana Territorv, and the erection, into a sepa- 
rate territorial government, of that extent of country alloted, 
in the fifth article of compact between the original states, and 
the people and states in the territory of the United States 
north west of the river Ohio, and contained in the ordi- 
nance for the government of the said territory, in 1787, to 
form the western state : and to consent, in common with 
the people of the said extent of country so allotted to form 
the western state, that the sixth article of compact, con- 
tained in the said ordinance, may be so modified as to ad- 
mit of slaverv within the limits of the said extent of coun- 
try, either unconditional, or under such restrictions or lim- 
itations, as your honorable bodies may, in your wisdom, 
deem proper to impose ; soliciting also, at the same time, 
your attention, while they offer, with due deference, some 



SLAVERY PETITIONS AND PATERS. 485 

general remarks, on the merits and force of this their claim, 
for the attainment of these much wished for and important 
objects, on which their future prosperity must greatly de- 
pend. 

A ruinous inconvenience attending the present situation 
of your memorialists, and which is not the least in their list, 
arises from the great distance between the said counties of 
the Territory and Vincennes, the seat of government, which 
is about one hundred and eighty miles, through a dreary and 
inhospitable wilderness, uninhabited, and which during one 
part of the year, can scarcely afford water sufficient to sus- 
tain nature, and that of the most indifferent quality, besides 
presenting other hardships equally severe, while in another 
it is in part under water, and in places to the extent of some 
miles, by which the road is rendered almost impassable, 
and the traveller is not only subjected to the greatest diffi- 
culties, but his life placed in the most imminent danger. 
The great inconveniences, independent of the dangers to 
which our citizens, who are under the necessity of attending 
the courts, or the legislature, or whose attendance upon any 
other occasion may be required by the public authorities, 
are subjected, and the consequences, from the frequent 
removals from the county courts to the general court of 
suits for the most inconsiderable sums, to which the poor 
man is exposed to save his little all, are too obvious hereto 
require a detail. 

This source of evil naturally leads us to the notice of an- 
other of considerable extent, which claims the most serious 
attention, and which must, inevitably, prove a fatal check 
to the growth of the country allotted for the western state, 
unless timely and effective measures be taken to check it. 
From the obstacles already but very partially described, 
and from the peculiar nature of the face of the country lying 
between these settlements and the Wabash, a communica- 
! tion between them and the settlements east of that river, 



486 SLAVERY PETITIONS AND PAPERS. 

cannot, in the common course of things, for centuries yet to 
come, be supported with the least benefit, or be of the least 
moment to either of them. This tract of country consists 
chiefly of extensive prairies, which scarcely afford wood or 
water, which utterly precludes the possibility of settlement 
to any extent worthy of notice. From the existence of this 
serious fact, a bar to the interchange of mutual good offices, 
and of private interests and concerns, is raised upon a 
foundation too firm to be shaken or surmounted. If, there- 
fore, so great a disconnexion with respect to the inter- 
change of private interests, exists between the citizens of 
the eastern and those of the western extremities of the 
territory, what prospects can be afforded of an union be- 
tween them, and of the consequent harmony and inter- 
change of mutual support in the support of their -political 
interests ? None. In the place of that union will arise 
discord, virulence, and animosity, and the scenes of con- 
fusion always attendant upon the contentions of remote 
districts, possessing different political interests, and the 
natural consequence resulting therefrom. > the destruction 
of the general peace and prosperity of the whole commu- 
nity, without any solid benefit to either of the contending 
parties. Already have the seeds of discord been sown ; 
already have they presented a prospect of rapid growth ; 
but your memorialists offer up their earnest and sincere 
prayers to Heaven, to avert, through the agency of the 
guardians and the protectors of their liberties and property, 
the sad and much dreaded effects of the threatened com- 
motions. 

Another great subject of complaint proceeds from our 
having been unwarrantably precipitated into the second 
grade of territorial government, to the proportional ex- 
penses of which neither your memorialists, nor the re- 
maining part of the territory, are adequate in their present 
circumstances. Upon an application made to the execu- 



BLAYEBY PETITIONS AND PAPERS. 487 

tive for that purpose, an application which your memori- 
alists have reason to believe was confined to some of the 
inhabitants of the county of Knox, and in which they 
themselves had no maimer of agency, he issued his proc- 
lamation and writs of election, with a view of ascertaining 
the voices of the freeholders in the several counties, upon 
this important question. From this mode of procedure, 
the sentiments of such only of the freeholders as actually 
attended the election and gave in their suffrages could be 
ascertained. The elections in the counties of Randolph 
and St. Clair were but very partially attended ; a majority, 
however, of those freeholders who did attend, gave their 
suffrages against the measure ; in the county of Knox 
very generally, and the votes almost unanimously given 
in the affirmative ; in the counties of Clark and Dearborn 
but partially, and the majority of votes in the negative ; 
from the county of Wayne, which contained a principal 
portion of the population of the territory, no votes were 
received, the writs of election having arrived subsequently 
to the day of election. From this mode of procedure, in- 
competent to the object contemplated, from this slight and 
partial expression of the public sentiments upon this im- 
portant subject, the executive was satisfied that there was a 
majority of the freeholders in the territory in favor of enter- 
ing into the second grade of government, and took the 
necessary steps for the organization thereof according!}'. 
Since the county of Wayne has been struck off, the ex- 
penses attendant upon this grade, must be the more sensi- 
bly felt, from so considerable a diminution of the popula- 
tion, and as your memorialists have not the least prospect 
of deriving any advantages equivalent to this burthen thus 
forced upon them, as the proportion of the representation 
is in favor of the eastern counties, they feel themselves 
impelled by necessity to apply for a redress of this griev- 






488 SLAVERY PETITIONS AND PAPERS. 

ance, in preference to a silent acquiescence in the meas- 



ure. 



Your memorialists can not suffer to pass unnoticed, the 
practice of issuing attachments for contempt of court, 
against witnesses for non-attenclance, and public officers, 
upon pretexts, in the opinion of your memorialists, resting 
upon the slightest grounds, a vexatious practice, which 
has a great tendency to sour the minds of the citizens of 
this remote part of the territory, from the hardships, as 
already described, to which they must be exposed from 
these proceedings. 

Your memorialists beg permission here to suggest, that 
by adopting the policy submitted in this memorial, to your 
consideration, the views of the general government would 
be greatly promoted, and the rage for emigation to upper 
Louisiana would not only in a great measure cease, but 
have a tendency to enhance the value of the public lands, 
on the east side of the Mississippi, render their sale rapid, 
and by an increase of its population, place in a flourishing 
situation the country which now claims the patronage and 
support of its government. 

Your memorialists, therefore, resting satisfied in their 
firm expectations, that your honorable body will take into 
serious consideration their distressed situation, and at 
length grant them the desired relief, very respectfully sub- 
mit their prayer, as stated in the preceding part of this 
their memorial. And as in duty bound they will ever 
pray, etc. 



J. Edgar, 


Wm. Morrison, 


Robert Morrison 


J. Page, 


R. Robinson, 


Wm. Wilson, 


John Hague, 


Miles Hotchkiss, 


John Grovenor, 


Parker Grovenor, 


John Lock, 


Wm. Arundel, 


John Gray, 


Alexis Goderis, 


Charles Bergan, 


P. Choslier, 


Wm. Dunn, 


Hugh Carrigin, 


Louis Charbiall, 


Ephraim Carpenter, 


Reuben White, 


Abie Denny, 


Peter Porae, 


John Joseph, 



: 

V.: 



SLAVERY PETITIONS AND PAPERS. 



j-5 



489 



Wm. Speakman, 
Oliver Reed, 
Aaron Bowen, 
Leroy Elliott, 
Thos. Wadley, 
J. M'Murtry, 
Peter Page, 
Joseph Lestogos, 
T. Chartran, 
John Dumoulier, 
John Doyle, 
Adam Wargrit, 
James McGowan, 
Julien Le Compt, 
Francois A mousse, 
Louise Gervais, 
John Lyle, 
M. Lagrove, 
Dennis Bergin, 
Gabriel Marteau, 
Pierre Martin, junr., 
Charles Germaine, 
Israel Baley, 
John llalderman, 
La Cuxier, 
John Latuxiere, 
A. Languirand, 
Nicholas Turgeon, 
John Hay, 
Joan Mennier, 
Jean Palmier, 
L. Dulonchant, 
P. Laflae, 
Joseph Jame, 
Thomas James, 
A. Whyskey, 
Louis Pitetfe, 
J. Campeau, 
Jos. Greignier, 
L. Ladouceur, 
Louis Trotier, 
Edward Hebert, 
Joseph Chenier, 
Julien Nicole, 



Richard Arcless, 
Martin Brewer, 
Wm. Haley, 
George Baker, 
John Reynolds, 
Thomas Cox, 
Wm. IT. Bell, 
Julien Mercier, 
Wharham Strong, 
Jean Dehag, 
James Edgar, 
Michael Danes, 
Perrey, 
Lonval, 

Jean N. Godin, 
Nicholas Boismenn, 
Abraham Parker, 
T. Cremour, 
Thomas Primm, 
J. C. Bequete, 
Clement Allery, 
Louis Debois, 
Pierre Guerin, 
D. Ensminger, 
Antoine Vaudray, 
Michael Gamelin, 
Wm. Cairns, 
Francois Le r Faivre, 
D. Blondeau, 
Joseph Touchette, 
J. Lopage, 
J. Chartran, 
M. Holland, 
P. Touke. 

Jacob Weyand, Jun'r, 
Pierre Cowpagarte, 
Michael Pitette, 
J. Bt. Saucier, 
Louis Le Brim, 
Louis Le Compte, 
Joseph Trotier, 
Joseph Poupart, Sen., 
Joseph Batteau, 
J. Le Reuun, 



Daniel Bave, 
N. Brewer, 
P. Barbary, 
G. Belcher, 
Cole Beale, 
George Franklin, 
John Talbot, 
Louis Gendron, 
Louis Finsonneau, 
B. Mercier, 
J. Morrison, 
Wm, Luc is, 
T. II . Talbot, 
J. M agate, 
J, B. Gendron, 
Charles O'Neill, 
E. Pinsoneau, 
Thos. Brady, 
Pierre Godin, 
Pierre Martin, senr., 
Hubert Mercier, 
John Junie, 
George Cunningham 
J. D. Maroit, 
Pascal Letoms, 
John Dupre, 
John Hays, 
J. Parrot, 
Samuel Best, 
Pierre Laperche, 
J. C. Allary, 
O. Gerandin, 
Elihu Mather, 
Daniel Page, 
A. P. Williams 
Louis Chalet. 
Louis Pettetier, 
Basil Beaulieu, 
J. B. Bequette, 
Clement Trotier, 
Pois Trotier, 
Joseph Poupart, Jun'r, 
P. Descrete, 
Louis Ronillard, 



49° 



SLAVERY PETITIONS AND PAPERS. 






Joseph Manege, 
Joseph Gonville, 
P.euben Laney, 
James Downing, 
Uei Whiteside, 
Jos. Reed, 
Charles M'Nall, 
Samuel Jacanay, 
Benjamin Hoyerman, 
Bailey Bcyles, 
Jesse Wadiy, 
David Fultor, 
John Whiteside 
Charles Pettit, 
Solomon Allen, 
Jesse Griggs, 
Wm. R. Cox, 
C. Davis, Jun'r, 
John Laney, 
Moses Oliver, 
David Fulton, 
William Phillips, 
Michel Peltier, 
Jesse Boyles, 
S. Thorn, 
Franklin Jarvis, 
Jonathan Hill. 
Joseph Chance, 
G. McMutrey, 
Hugh Walker, 
Moses Short, 
Alexander Scott, 
James Bankson, 
Charles Weakefield, 
Paul Gaskell, 
John Carruthers, 
Robert Brasil, 
Thomas Morrow, 
Robert Whiteside, 
Wm. johorson, 
John Goin, 
William Miller, 
James Gilbreath, 
Henry Miller, 



P. Coline, 
Auguste Trotier, 
Samuel Lecey, 
George Blair, 
Joseph Cornelius, 
Wm. M' Roberts, 
Jess Morrison, 
S. Hubert Letb.rune, Jun' 
Moses Short, 
Antoine Girarding, 
William Atcheson, 
Moses B. Reed, 
James Lightell, 
Joseph Anderson, 
John Belderback, 
J. B. Montray, Jun'r, 
Francis Guthery, 
H. Iduls, 

Louis Petit Calumiene 
John Fulton, 
T. Ambereau, 
John Mordock, 
Joseph Barrutel, 
Bailey Boyles, 
D. Thorn, 
John Hill, 
James Meanern, 
Will in m Goin, 
W. Biggs, 
James Scott, 
Joseph Scott, . 
Noah Daves, 
Charles Bankson, 
Barneth Bone, 
John Crocker, 
Anthony Thomas, 
James Mansftel, 
Wm. Scott. 
Edward Ratliff, 
Samuel Shook, 
John Fceter, 
Daniel Stookey, 
Daniel Shook, 
Henry Cox, 



Pois Grondine, 
Francis Paget, 
William Reed, 
Daniel Odell, 
James Caldwell, 
John Kidd, 
J. B. Montray, 
r,Pierre Liqe, 
Noah Davis, 
George Stanto, Jun'r. 
W. Roberts, 
John Liley, 
Jonathan Pettit, 
Wm. Bell, 
Antoine Peltier, 
Joshua Lacey, 
Robert Higins, 
D. C. Robinson, 
James Patterson, 
Thomas Fulton, 
P. Harnkon, 
John Forgison, 
William Crawford, 
W. Kelty, 
Thomas Newbury, 
Andrew Bankson, 
Joseph Cook, 
Peter Michel, 
George Biggs, 
William Scott, 
John Scott, 
James Hooper 
John Walker, 
James Jordan, 
Thomas Crocker, 
Valentine Brasel, 
James Bradbury, 
Samuel Seott, 
Isaac Griien. 
John Walker, 
Abraham Eymr.m, 
Thomas Harrison, 
Laurence Shook, 
William Downing. 



SLAVERY PETITIONS AND PAPERS. 



491 



Aaron West, 
Solomon Prewet, 
Win, Bolin Whiteside. 
Samuel Gild ram, 
Aquilla Dalahide. 
Abraham Pruit, 
James Stockton, 
James Cornelius, 
James Kirkpatrick, 
James Gillham, 
Asher Bagly, 
Wiii, Whiteside, 
Shadrach Bond, Sen., 
Alexander Waddell, 
Michael Achesoti, 
Jess Kenor, 
Wrn. Alexander, 
Henry O'Hara, 
Osm. Tort.cn, 
Samuel Lacey, 
Daniel Hazeel, 



Ob. Hooper, Barnabas Bone, 

Silas Bankson, William Prewet, 

Joseph Prewet, Fields Prewet, 

Philemon Higgins, Enoch Decker, 

John Higgens, Henry Clark, 

John Forgorson, Richard Rattan, 

William Ferguson, Isaac Ferguson, 

Jesse Cain, ' Moses Tinnant, 

Wrn. Porter, Benj'n Custland, 

Henry Cook, John Gillham, 

Joel Whiteside, George Green, 

Jesse Wadale, Amos Squirs, 

Davis Whiteside, William Adam, 

George Atcheson, David Waddell, 

John Payne, Michel Atchison, 

Henry O'Hara, John O'Hara, 

Giles Hull, Daniel Hull, 

Henry Jones, Samuel Morrison, 

William Alexander, Jesse Ranon, 

Francis Relhen, A.bel Lewis, 

George Renne Ramp, Vance Lusk, 

William Patton, Edward Lacey, 
In all, about 350. 

I Do Certify, That the above persons subscribed their 
names, and requested me to have them annexed to the 
petition, praying a division of the Indiana Territory, and 
the admission of slaves into said territory. 

By me, one of the United States justices, and judge of 
common pleas, in said county. Robert Reynolds. 

Endorsements. 

Petition of sundry inhabitants of 
Randolph and St. Clair in the Indi- 
ana Territory. 

r8th December, 1S05, 
referred to Mr. Garnett, 

" Morrow, of Ohio, 

" Parke, 

" Hamilton, 

" Smith, of S. C, 

" Walton, and 

" Van Cortlandt. 



492 SLAVERY PETITIONS AND PAPERS. 

14th February, 1S06, 
Report made, and referred to Cora'ee 
"whole House on Tuesday next. 



(This petition is also published in State Papers, 1805-1806. A. & G 
Way, Printers, 1809.) 



PETITION OF DEARBORN COUNTY, DEC. 18, 1805. 

(Copy of Original Paper. House Files.) 
To the honourable the Representatives of the Untied States i?i Cong-res.'; 



Assembled. 



The Humble Petition of the purchasers of lands who are 
settled and intend a settlement on that part of Indiana 
Territory west of the State of Ohio and East of Boundary 
Line Runing from the Mouth of Kentucky River. 

May it Please your Honours. 

Your Petitioners humbly Represent that they are at a 1 
Distance of Nearly Two Hundred Miles from the Seat of i 
Government, that the Intermediate Space is a Wilderness i 
occupy'd only by Indians and likely for many years to j 
Remain Unoccupied by any Other persons — that the soil 
between the State and Boundary line, Viz. the Northern I 
part of it is generally good land and will Admit of a Nu- I 
merous Population and that [between] the Boundary line ] 
and the Wabash River in General Very Broken and there- j 
fore Very unlikely to afford a communication to the seat j 
of Government, that there is an Imediate Communication j 
Between this part of the territory and the State of Ohio, j 
and the Distance from the Seat of Government thereoi 
only about one hundred and twenty Miles — that your Pett- 8 
tioners humbly Suggest their Earnest desire that they 1 
Might at least for the Present Enjoy the Benefit of the i 
Government of that State by being aded thereunto— and 
your Petitioners as in duty bound will Ever Pray. 






Si 
I 



,; 2* 



SLAVERY PETITIONS AND PAPERS. 



493 



Robert Templeton, Sen., Robert Templeton, 
John Templeton, Samuel Logan, 

Solomon Tiner, Jacob Hackleman, 

James Cole, William Flood, 

Abner Conner, James Russell, 

John Ewing, Benj. McCarty, 

Jacob Hackleman,Sen'r, Richard Conner, 



Powel Scot, 

Jno. Endsley, 
Abraham Endsley, 
John Ha una, 
William Botkin, 
Enoch Russell, 
James McCoy, 
William Smith, Jun'r 
George Loveston, 
David Stoops, 
William Raney, 
Andrew Endsley, 
Thomas A.Johnson, 
Joseph Cox, 
Richard Rue, 
James Baley, Jun., 



Andrew Endsley, Sen'r, 
Thomas Eudsley, 
W T m. Logan, 
John McCutcheon, 
Joseph Wason, 
John Thomson, 
William McCoy, 
Zachariah Cahsey, 
William Logan, 
Enoch McCarty, Sen'r 
William Ahnsworth, 
John Ewing, 
Willliam Johnston, 
Patrick Ohara, 
James Eads, 



Peter Fleming, 
William Eads, 
James Logan, 
John Russell, 
John Millholiand, 
William Major, 
Charles Scot, 
Wm. Cunningham 
Hugh Endsley, 
Jacob Lee, 
James Henderson, 
Robert Russell, 
Jonathan Gillam, 
William Smith, 
Solomon Mainwaring, 
William Vanmetre, 
Thomas Williams, 
Jeremiah Johnson, 
Wm. Cunningham, Jr 
George Holman, 
Samuel Hanna, 
James Baley, Sen'r, 



RichardMan waring, Sen'r, Richard Manwaringjun'r, 



Enoch McCarty, Jun'r, 
David Ewing, 
James Adeler, 
David G. Hanna, 
Root. Hanna, Jun., 
William Blunt, 
Patrick McCarty, 
Asa Ralph, 
William Tiner, 
George Deford, 
Robert Hanna, 
Robt. Speers. 



Wiiiam Arnet, 
Joseph Hannah, 
John Adeler, 
John Naileman, 
Robert A. Templeton, 
Daniel Cunningham, 
John Calwell, 
Hazen Ralph, 
Mical Hademan, 
William Crane, 
Jno. Gilliam, 



Indorsements* 



Wm. Templeton, 
James Adeler, Sen'r, 
Isaac Adeler, 
Moses Martyr, 
Thomas McCoy, 
William Wilson, 
William McCarty, 
Charles Tilyea, 
John Brown, 
Thimothy Collins, 
John Ncrres, 



Petition of purchasers of land, set- 
tied and intending to settle, on that 
part of the Indiana Territory, west 
of Ohio, and east of the Boundary 
line running from the mouth of Ken- 
tuck v river. 



494 SLA VERY PETITIONS AND PAPERS. 



referred to Mr. Garnett, 

Mr. Morrow, of Ohio, 

Mr. Parke, 

Mr. Hamilton, 

Mr. Smith (of So. Carolina), 

Mr. Walton, and 

Mr. Van Cortlandt. 

14th February, 1S06, 
Report made, and referred to Com'ee 
who: House on Tuesday next. 

Mr. Gregg. 



REPORT ON THE PETITIONS OF 1805. 

(Am. State Papers. Misc., Vol. I, p. 450.) 
9th Congress) (1st session 

Extension of the Right of Suffrage, And the Admis- 
. sign of Slavery, For a Limited Time, In the In- 
diana Territory, And the Division Thereof. 

Communicated to the House of Representatives, February 14, 1S06. 

Mr. Garnett, from the committee to whom were referred 
the report of a select committee, made on the 17th of Feb- 
ruary, 1804, on a letter of William Henry Harrison, presi- 
dent of a convention held at Vincennes, in the Indiana 
Territory, declaring the consent of the people of the said 
Territory, to a suspension of the sixth article of compact 
between the United States, and the said people ; also, on 
a memorial and petition of the inhabitants of the said Ter- 
ritory ; also on the petition of the Legislative Council and 
House of Representatives of the said Territory ; together 
with the petition of certain purchasers of land, settled and 
intending to settle on that part of the Indiana Territory 
west of the Ohio, and east of the boundary line running 
from the mouth of the Kentucky river ; and on two me- 



SLA VERY PETITIONS AND PAPERS. 495 

morials from the inhabitants of Randolph and St. Clair — 
made the following report : 

That having attentively considered the facts stated in the 
said .petition and memorials, they are of opinion that a 
qualified suspension, for a limited time, of the sixth article' 
of compact between the original States and the people and 
States west of the river Ohio, would be beneficial to the 
people of the Indiana Territory. The suspension of this 
article is an object almost universally desired in that Ter- 
ritory. It appears to your committee to be a question en- 
tirely different from that between slavery and freedom, in- 
asmuch as it would merely occasion the removal of per- 
sons, already slaves, from one part of the country to an- 
other. The good effects of this suspension, in the present 
instance, would be to accelerate the population of that 
Territory, hitherto retarded by the operation of that article 
of compact, as slaveholders emigrating into the Western 
country might then indulge any preference which they 
might feel for a settlement in the Indiana Territory, in- 
stead of seeking, as they are now compelled to do, settle- 
ments in other states or countries permitting the introduc- 
tion of slaves. The condition of the slaves themselves 

1 would be much ameliorated by it, it is evident, from ex- 

Hi ' ''• 

perience, that the more they are separated and diffused, 

the more care and attention are bestowed on them by their 
masters, each proprietor having it in his power to increase 
their comforts and conveniences in proportion to the srnall- 
ness of their numbers. The dangers, too, (if any are to 
be apprehended,) from too large a black population exist- 
ing in any one section of country, would certainly be very 
much diminished, if not entirely removed. But whether 
dangers are to be feared from this source or not, it is cer- 
tainly an obvious dictate of sound policy to guard against 
them as far as possible. If this danger does exist, or there 
is any cause to apprehend it, and our Western brethren 






496 SLA VERY PETITIONS AND PAPERS. 

are not only willing but desirous to aid us in taking pre- 
cautions against it, would it not be wise to accept their as- 
sistance? We should benefit ourselves, without injuring 
them, as their population must always so far exceed any 
black population which can ever exist in that country as to 
render the idea of danger from that source chimerical. 

You committee consider the regulation, contained in the 
ordinance for the government of the territory of the United 
States, which requires a freehold of fifty acres of land as a 
qualification for an elector of the General Assembly, as 
limiting too much the elective franchise. Some restriction, 
however, being necessary, your committee conceive that a 
residence continued long enough to evince a determination 
to become a permanent inhabitant, should entitle a person 
to the rights of suffrage. This probationary period need 
not extend beyond twelvemonths. 

The petition of certain settlers in the Indiana Territory, 
praying to be annexed to the State of Ohio, ought not, in 
the opinion of your committee to be granted. 

It appears to your committee that the division of the 
Indiana Territory, in the manner directed by the ordinance 
of 1787, and for which the people of Randolph and St. 
Clair have petitioned your honorable body, would be inex- 
pedient at this time. The people of the two sections have 
lately entered into the second grade of government, the 
whole expense of which would fall on the people of one sec- 
tion, if a division were now to be made. This, in the opin- 
ion of your committee would be neither politic nor just. 
But although a division of the Territory appears improper 
at this time, we think it should be made as soon as the 
population of either section has increased so far as to entitle 
them to form a State Government. The petition which 
prays that such a Government may be formed, by uniting 
the two sections as soon as their inhabitants shall have 






SLA VERY PETITIONS AND PAPERS. 497 

augmented so far as to authorize it, your committee con- 
ceive ought not to be granted. A Territory, when once 
erected into a State, cannot be divided or dismembered 
without its own consent; the formation, therefore, of two 
States out of this Territory, originally intended by the 
ordinance of 1787, could not constitutionally be effected, 
if the two sections were once permitted to form one State, 
without the consent of that State, however necessary the 
extent and population of that Territory might render such 
division. 

After attentively considering the various objects desired 
in the memorials and petitions the committee respectfully 
submit to the House the following resolutions : 

1. Resolved, That the sixth article of the ordinance of 
1787, which prohibits slavery within the Indiana Territory 
be suspended for ten years, so as to permit the introduction 
of slaves, born within the United State3, from any of the 
individual States. 

2. Resolved, That every white freeman of the age of 
twenty-one years, who has resided within the Territory 
twelve months, and within the county in which he claims a 
vote, six months immediately preceding the election, shall 
enjoy the rights of an elector of the General Assembly. 

3. Resolved, That the petition of certain settlers in the 
Indiana Territory, praying to be annexed to the State of 
Ohio ought not to be granted. 

4. Resolved, That it is inexpedient at this time, to grant 
that part of the petition of the people of Randolph and St. 
Clair which pravs for a division of the Indiana Territory. 

5. Resolved, That so much of the petition of the Legis- 
lative Council and House of Representatives of the Indiana 
Territory as prays that the two sections may be united 
into one State Government ought not to be granted. 






498 SLA VEPY PETITIONS AND PAPERS. 

MEMORIAL OF RANDOLPH AND ST. CLAIR 
COUNTIES JAN. 17-1806. 

(Copy of Original Paper. House Files.) 

To the Honourable, The Senate and House of Representatives of the 
United States, the memorial of the undersigned persons, being- a Com- 
mittee appointed by the inhabitants of the Illinois, for the purpose of 
laying their grievances before the National Legislature respectfully 
shexveth : 

That this country is composed of that part of the do- 
main of the United States, on the North West of the River 
Ohio, which by the ordinance or compact of 1787 has 
been designated to form the western state ; bounded by the 
Mississippi, the Ohio, the Wabash, a north line drawn 
from Vincennes to the divisional line between the United 
States and Canada ; and by this line to the Lake of the 
Woods, and the Mississippi. 

That for the purposes of a temporary Government it 
now forms a member of the Indiana Territory, and is di- 
vided into the Counties Randolph and St. Clair. 

That the form, and extent of this Government, have from 
certain circumstances, become not only undesirable, but 
productive of the most pernicious effects. And your memo- 
rialists most humbly solicit your attention while they de- 
tail these circumstances ; while they suggest the propriety 
of a division of this Government, and the erection of that 
part of it above described into a separate Colony. 

Your Memorialists approach your Honourable body with 
the more confidence on this subject, since they flatter 
themselves that the Nation has become sensible of the 
situation in which they have been — their long struggles — 
their unprotected state — their patient submission to incon- 
veniences — and their claims to be now heard. 

Among the many evils attendant on the junction of the 
Illinois with the Indiana Territory, it is one, that the seat 






SLA VERY PETITIONS AND PAPERS. 499 



of government is at the distance of one hundred and fifty 
miles from the Illinois settlements — that the intermediate 
country is not only wholly uninhabited, but that being 
destitute of wood it will for a long period remain so — 
dreary beyond description, not a single human dwelling 
is to be found in this whole region. Besides, being a 
country low and level, it is drown'd and of course impassa- 
ble in wet season ; and having few streams or fountains it 
is almost so in dry — that over this inhospitable wild a con- 
siderable portion of the inhabitants of the Illinois are 
obliged, several times a year, to travel as officers, as ju- 
rors, as witnesses, as suitors in the National Court holden 
at Vincennes— that the poor man is often deeply oppressed 
by the appeal of a wealthy antagonist to a court so distant, 
and that from these causes an hindrance to the regular 
administration of justice is most sensibly felt. 

Your Memorialists would further suggest that there is 
not, and cannot be, any natural connection of views be- 
tween the inhabitants of the Wabash, and the Mississippi ; 
and that the landholders of the former country, have al- 
ready begun to feel, or to fancy, an interest in preventing 
the population of the latter. The effects of these feelings, 
on our society and our government are obvious. , 

But these evils are not our greatest. It need not be told, 
at this da}', that the people of the Illinois have been pre- 
cipitated into the second grade of government contrary to 
their wishes. It need not be told, that the only liberty 
they find is the liberty of submitting to the will of a part of 
the territory, more populous, which feels an opposite in- 
terest. 

Your Memorialists are sorry to add that a resolution has 
been attempted to be passed at the last session of our leg- 
islature, for continuing the union between the middle and 
the western state, in the present colonial government, till 
each shall have a sufficient population to form an independ- 






500 SLA VERY PETITIONS AND PAFERg. 

ent one. Of this measure we shall say nothing; but that 
its effect would have been to continue the seat of govern- 
ment at Vincennes, where some of our principal characters 
have ample possessions— the manner in which it has been 
brought about is seen in the inclosed depositions.* 

Altho your Memorialists can sufficiently appreciate the 
advantage of having a Court acting with Chancery powers, 
yet they wish to see these powers vested in the Supreme 
Court of the territory. It was with pain therefore that they 
saw a law passed by the last territorial assembly vesting 
these powers in a single judge appointable by the Govern- 
or. It is with pain they are now told that it is in proposi- 
tion, at the next session, to create a court of appeals. 
Where will this end? Is it in contemplation to deprive the 
present Government of its control over its colony? Shall 
we next see a board of inspection created to correct the 
movements of the executive ? 

But your Memorialists wish to drop their tale of griefs, 
and to take a view of the advantages of the measure pro- 
posed. 

It cannot be doubted that the erection of a Colonial Gov- 
ernment on the banks of the Mississippi would give an ex- 
ceedingly great spring to the population of the country. It 
cannot be doubted that an increase of population in this 
quarter would be important to the Union at large, and the 
establishment pray'd for productive of tranquility here. The 
expense of such an establishment is surely trifling for a na- 
tion so great, and we dare to assure Congress that it will 
be infinitely more than compensated by the advantage of 
an acceleration in the sale of its lands. 

Your Memorialists would further beg leave to solicit as a 
thing which would be promotive of the prosperity of this 
Country, the permission to hold slaves in it. 

The principle of domestic servitude we do not advocate. 

*No depositions are on file. 



Ik 






h' 



SLAVERY PETITIONS AND PAPERS. 501 

Yet domestic servitude has found its way into the United 
States. It is immovably established there. When an evil 
becomes irremediable is it not wisdom to convert it, if pos- 
sible, to some use? 

However unnecessary this state of servitude may be 
thought in the eastern part of this territory, no man has 
doubted its importance here, where among whites health 
and labour are almost incompatible. Here, too, a coun- 
try to which it would probably bring back the principal 
settlers of Upper Louisiana, since they have been driven 
from home by the fear of losing- their servants. 

Your memorialists would further suggest, that the prin- 
cipal part of the lands within the several parallelograms 
which by the Act of Congress of June 20, 1788, were di- 
rected to be laid off, for the purpose of supplying with 
tracts of four hundred acres each of the several heads of 
families in the Illinois, have been covered by antient French 
grants — that many of the persons having rights founded 
on this land, and despairing of being able to get them io- 
| cated, have been obliged to settle on the public lands sub- 

sequent to the year 1791, since the 3d of March of which 
year no rights could be obtained by settlement. Your 
Memorialists would humbly hope that persons under these 
circumstances may be permitted to locate these rights, on 
their settlements thus formed, or that certificates of the 
confirmation of these rights by the Board of Commission- 
ers now sitting in the Country for the division of land 
claims, may be received in payment for the lands of the 
United States in this Country, when their office shall be 
opened for the sale of them. 

But your memorialists will not dwell on the importance 
of those measures which are calculated to accelerate the 
growth of this country, conscious as they are that to draw 
a strong Cordon of regular population along the eastern 
bank of the Mississippi must be felt to be a point of true 



5°- 



SLAVERY PETITIONS AND PAPERS. 



National policy, since it would be able by its weight to 
control and to dissipate those hordes of restless adventurers 
who by penetrating into the illimitable regions of the west, 
might defy the national arm and commit the national peace. 
Your Memorialists, as in duty bound will ever pray, etc. 



Moses Short, 

Ephraim Belderback, 

Henry Levenj, 

Perrey, 

J. Messinger, 

Raphael Drury, 

Etne Pinsoneau, 



E. Barker, 
John Everitt, 
Samuel Kinney, 
J. Edgar, 
John Whiteside, 
William Goinge, 
N. Biggs j 



John Beaird, 
William Chalfin, 
M. Jarrot, 
James Lemen, 
William Scott, 
R. Robinson, 



Robert Robinson, 

Clerk of Committee. 

Indorsements. 



No. 5. 
Memorial of sundry inhabitants of 
the counties of Randolph and St. 
Clair, in the Indiana Territory. 

17th January, 1806, 
referred to the committee appointed 
the 19th ultimo, on a letter from 
William Henry Harrison, Governor 
of the Indiana Territory. 

13th February, 1806, 
Select com'ee disch'd, from so much 
as relates to donation and pre -em p 
tion rights to lands, and the same 
referred to the Committee on the 
Public Lands. Mr. Garnett. 



Note.— There are two other copies of this petition on file, one of 
which was probably intended for the Senate. They are in a separate 
wrapper indorsed "26th March, 1S06. Referred to the committee of the 
whole House to whom was committed, on the 14th ultimo, the report of 
the committee on the letter of Wm. H. Harrison, a memorial of the legis- 
lative council and the House of Representatives of the Indiana Territory. 
and the several petitions of sundry inhabitants of said territory." A 
copy of the next succeeding paper (minutes of the convention) accompa- 
nies them. 






SLA VERY PETITION* AND PAPERS. 503 

Minutes of the Convention. 

(Accompanying the preceding.) 



At a meeting of the Citizens appointed to form a Com- 
mittee from the Several Townships in the Counties of 'St. 
Clair and Randolph, to take into Consideration and Rep- 
resent to the General Government the Grievances of these 
Counties, the 25th day of November, 1805. 

Present in Committee — 

James Lemon, John Mesenger, William Scott, John 
Whiteside, Moses Short, John Edgar, E. Backus, John 
Beaird, E. Belderback, John Everts, William Chaffin, 
Ralph Drury, Henry Levin, William Goings, Samuel 
Kenney, Robert Robison, Jean F. Perry, N. Jarrot, 
Etienne Pansanno, and William Biggs. 

On Motion 

Unanimously Resolved that Col. John Edgar be Chair- 
man and Robert Robison Clerk of this Committee. 

Resolved that a Memorial be prepared stating the Griev- 
ances of these Counties. That it be signed by the Mem- 
bers of this Committee, and transmitted to the Senate and 
house of Representatives of the United States in Session. 

Resolved that the following Subjects of Complaint are 
those which Most essentially Concern the present Happi- 
ness and future Growth of this Country — That a Division 
of the Indiana Territory agreeably to the Ordinance of 
1787 designating the tract of Country intended to Consti- 
tute the Western State, is, to the Inhabitants of these 
Counties, for reasons stated in the Memorial signed by the 
Committee, an event much to be desired by every Citizen 
of the Illinois. And altho' the people of these Counties 
prefer a State Government, when time shall have Matured 
them for it, for they too desire to enjoy the priviledges of 
freemen. Yet this Committee feel fully impressed that 
while Connected with the people of the Middle District, 



504 SLAVERY PETITIONS AXI) FAFF IIS. 

whose views are Distinctly marked by the very nature of 
the country, they cannot hope to derive one solid Advan- 
tage in the Progress from a Territorial to a State Govern- 
ment. 

And whereas the Ordinance' of 1787, for the Govern- 
ment of this Territory, is Respected by the people as the 
Constitution of their Country, this Committee entertain a 
hope that the General Government, after Guaranteeing to 
the people the privileges in that Ordinance Contained, will 
not pass unnoticed the Violation thereof By the late act of 
the Legislature of this Territory Authorizing the importa- 
tion of Slaves, and involuntary servitude for a term of 
years. 

And altho' this Committee entertain no doubt but that 
the Act in Question will render service, by adding a Spring 
to the Growth of this Country, They express the disap- 
probation of a people, who never will Consent to a Viola- 
tion of that ordinance, for this privilege of slavery. When 
Congress shall deem a Change of the Ordinance expedi- 
ent, they will Cheerfully agree to the measure. 

That from the extensive Prairies and barren Lands near 
the Settlements of these Counties, Great Injustice would be 
done the holders of Militia and Donation Rights were they 
Compelled to locate them in one or more Parallelograms 
(or bodies) agreeably to former Regulations ; those tracts 
of land whereon such Locations might be made in justice 
to the owners of these rights, having already been princi- 
pally covered by Ancient Grants and the Governor having 
already ordered the Location of a considerable part of the 
Militia and some of the Donation Rights in these Counties. 
This Committee therefore expressing the wish of the people, 
suggest the plan of Rendering equal Justice to the Citizens 
by laying the Unlocated Rights in Sections, or half sec- 
tions, as other lands Originally purchased of Congress. 

That much injury will be done the Settlers on Public 



SLAVERY PETITIONS AND TAPERS. 505 

Lands, who have made improvements, which do not come 
with [in] the Act of Congress of 1791 (Respecting im- 
provements) Unless they obtain a pre-emption, or be per- 
mitted to Locate Militia or Donation Plights on their 
Possessions. 

Resolved, that the Memorial now before this Committee 
be received, signed, and transmitted, as in the second 
Resolution above directed, And that Robert Morrison 
esquire be appointed Agent by this Committee, on the 
part of these Counties, whose duty it shall be to lay be- 
fore Congress in Session, the Papers delivered him in 
Charge, and to call on William Biggs and Shadrach Bond 
Esquires, Members of the Legislature of this Territory, 
and on the part of this Committee request them to give 
their Affidavits Relative to the Circumstances Referred to 
in the Memorial, and that the Affidavits so taken be trans- 
mitted to Congress with the said Memorial. 

Resolved that this Committee do adjourn, to Meet again 
at such time and place as the Agent Appointed shall Re- 
quest (Giving Notice) and that he be Authorised (If found 
expedient) to cause the proceedings of this Committee to 
be Published. j. Edgar, Chairman. 

A true Copy. 
Attest: 

Robert Robinson, Clerk of Committee. 

Indorsement, 

Accompanying memorial of sundry 
inhabitants of the counties of Ran- 
dolph and St. Clair, presented the 
17th January, 1806. 



Census Accompanying Preceding. 

The following is the Number of Souls as nearly as can 
be Ascertained now living in the two Counties of St. Clair 
and Randolph. 



506 SLA 1 r ERY PE TITIONS AND PA PLUS. 

The Census taken the first day of April, 1S01, as 
may be seen b} r a reference to the Secretary of 
State's office was 2361 

The inhabitants of Prairie Duchaine and on the 
Illinois river at least 550 Souls not included in 
the Census 550 

The Emigration since the Year 1801 to the said two 
Counties is at least one third of the Original 
number— say 750 750 

The Settlements on the Ohio from the mouth to the 
Wabash River including the settlements of 
Fort Massac 650 

Total ,' 431 1 

Robert Morrison Commissioned to take 
the Census in the year 1801 in the 
above Counties. 

Indorsements. 

Accompanying the petition of sun- 
dry inhabitants of Randolph and St. 
Clair counties in the Indiana terri- 
tory, presented the 26th of March 
1806. 

Reed and ref 
to whom referred to Harrisons letters. 

Fri. Jan. 3 

1S06 

Report made. 



Direction on back. 



Cahokia 24 Deer. 
The Honorable 

John Randolph, Esquire, 

Representative in Congress, 
Washington City. 






&£_4 FEA'y PETITIONS AND PAPERS. 507 

LEGISLATIVE RESOLUTIONS OF 1807. 

(Am. State Papers. Misc. Vol. I, p. 467) 
9th Congress] 2d session 

Slavery in the Indiana Territory. 

Communicated to the Senate January 21, 1S07. 

Resolved, unanimously, by the Legislative Council and 
House of Representatives of the Indiana Territory, That 
a suspension of the sixth article of compact between the 
United States, and the Territories and States northwest of 
the river Ohio, passed the 13th of July, 1787, for the term 
often years, would be highly advantageous to the said 
Territory, and meet the approbation of at least nine-tenths 
of the good citizens of the same. 

Resolved^ unanimously, That the abstract question of 
liberty and slavery is not considered as involved in a sus- 
pension of the said article, inasmuch, as the number of 
slaves in the United States would not be augmented by 
the measure. 

Resolved, unanimously, that the suspension of the said 
article would be equally advantageous to the Territory, to 
the States from whence the negroes would be brought and 
to the negroes themselves. 

To the Territory because of its situation with regard to 
the other States, it must be settled by emigrants from those 
in which slavery is tolerated, or for many years remain in 
its present situation, its citizens deprived of the greater 
part of their political rights, and, indeed, of all those 
which, distinguish the American from the citizens and sub- 
jects of other Governments. 

The States which are overburdened with negroes would 
be benefitted by their citizens having an opportunity of 
disposing of the negroes which they cannot comfortably 
support, or of removing with them to a country abounding 
with all the necessaries of life ; and the negro himself 



1508 SLA VERY PETITIONS AND PAPERS. 

would exchange a scanty pittance of the coarsest food for 
a plentiful and nourishing diet, and a situation, which 
admits not the most distant prospect of emancipation, for 
one which presents no considerable obstacle to his wishes. 

Resolved, unanimously, That the citizens of this part 6( 
the former Northwestern Territory consider themselves as 
having claims upon the indulgence of Congress, in regard 
to a suspension of the said article, because at the time of 
the adoption of the ordinance of 1787 slavery was tolerated, 
and slaves generally possessed by the citizens then inhab- 
iting the country, amounting to at least one-half of the 
present population of Indiana, and because the said ordi- 
nance was passed in Congress when the said citizens were 
not represented in that body, without their being consulted, 
and without their knowledge and approbation. 

Resolved^ unanimously, That from the situation, soil, 
climate, and productions of the territory, it is not believed 
that the number of slaves would ever bear such propor- 
tion to the white population, as to endanger the internal 
peace and prosperity of the country. 

Resolved^ unanimously, that copies of these resolutions 
be delivered to the Governor of this Territory, to be by 
him forwarded to the President of the Senate, and to the 
Speaker of the House of Representatives of the United 
States, with a request that they will lay the same before 
the Senate and House of Representatives, over which they 
respectively preside. 

Resolved^ unanimously, That a copy of these resolutions 
be delivered to the delegate to Congress from this Terri- 
tory, and that he be, and he hereby is, instructed to use 
his best endeavors to obtain a suspension of the said article. 
Jesse B. Thomas, Speaker of the 

House of Representatives. 
Pierre Menard, President fro tern 
of the Legislative Council. 



SLA VERY PETITIONS AND PAPERS, 509 

Sir : 

Agreeably to the request of the Legislative Council and 
House of Representatives of this Territory, I have the 
honor to enclose herewith certain resolutions by them 
adopted, and ask the favor of you to lay them before the 
Senate of the United States. 

I have the honor to be, with great respect and esteem, 
sir, your very humble servant, 

William Henry Harrison. 
The Hon. the Speaker of the Senate of the United States. 



House Report on the Preceding. 

(Am. State Papers. Misc. Vol. I, p. 477.) 

9th Congress] [2nd session 

Slavery in the Indiana Territory. 

Communicated to the House of Representatives on the 12th of Feb., 1807.' 

Mr. Parke, from the committee to whom was referred the 
letter of William Henry Harrison, Governor of the Indiana 
Territory, inclosing certain resolutions of the Legislative 
Council and House of Representatives of the said Territory, 
made the following report : 

That the resolutions of the Legislative Council and House 
of Representatives of the Indiana. Territory, relate to a 
suspension, for the term often years, of the sixth article of 
compact between the United States and the Territories and 
States northwest of the river Ohio, passed the 13th of July, 
1787. That article declares : * 'There shall be neither slavery 
nor involuntary servitude in the said Territory." 

The suspension of the said article would operate an im- 
mediate and essential benefit to the Territory, as emigration 
to it will be inconsiderable for many years, except from 
those States where slavery is tolerated ; and although it is 
not considered expedient to force the population of the 



5IO SLAVERY PETITIONS AND PAPEES. 

Territory, yet it is desirable to connect its scattered settle- 
ments, and, in regard to political rights to place it on an 
equal footing with the different States. From the interior 
situation of the Territory, it is not believed that slaves would 
ever become so numerous as to endanger the internal peace 
or future prosperity of the country. The current of emi- 
gration flowing to the western countiw, the Territories ought 
all to be opened to their introduction. The abstract ques- 
tion of liberty and slavery is not involved in the proposed 
measure, as slavery now exists to a considerable extent in 
different parts of the Union ; it would not augment the num- 
ber of slaves, but merely authorize the removal to Indiana 
of such as are held in bondage in the United States. If 
slavery is an evil, means ought to be devised to render it 
least dangerous to the community, and by which the hap- 
less situation of the slaves would be ameliorated; and to 
accomplish these objects, no measure would be so effectual 
as the one proposed. The committee, therefore, respect- 
fully submit to the House the following resolution : 

Resolved, That it is expedient to suspend, from and after 
the 1st day of January, 1S08, the sixth article of compact 
between the United States and the Territories and States 
northwest of the river Ohio, passed the 13th day of July, 
1787, for the term often years. 



Petition of Randolph and St. Clair Counties, 
February 20, 1807. 

(Copy of Original Paper. House Files.) 

To the Honorable the Senate and House of Representatives of the United 
States, the memorial of the undersigned,, a committee for this purpose 
by the people of the Illinois Country, humbly Sheivcth: 

That at the last session of your Honorable body, your 
Memorialists presented a petition praying for the division 



m 



SLA VERY PETITIONS AND PAPERS. 5 1 1 

of the Indiana Territory, and the erection of a colonial 
Government on the banks of the Mississippi. Your Memo- 
rialists will not repeat the reasons then urged in support 
of this request ; Since it would be merely the repetition of 
a tale of sufferings. 

Three circumstances have impelled your Memorialists' 
again to appeal to the humanity of Congress— 

They are now happy to have it in their power to peti- 
tion for a Government, cheap, active and liberal — a Gov- 
ernment combining the principles of freedom and subordi- 
nation ; and which has received so strong a proof of the 
national approbation, Your memorialists refer to the pro- 
posed Government for the Michigan Territory—one prob- 
g| ably as free as the capacity of this country can support. 

Your memorialists have the more confidence in this 
request when they consider their increased population, 
which will be shown by the documents accompanying this 
memorial.* Is it presumption in the inhabitants of the 
western division, with a population of five thousand souls, 
and Separated from the Seat of their Government by an 
almost impassible wilderness of one hundred and eighty 
miles ; to hope for an establishment so little expensive? 

But when your Memorialists contemplate the probable 
movements which may arise out of an European peace, 
now apparently about to take place, they cannot but feel 
the importance of union, of energy, of population on this 
shore of the Mississippi — they cannot but shudder at the 
horrors which may arise from a disaffection t?i the West:— 
and can it be much to the American people to grant to 
their brethren in this distant region a government to 
which, in an evil hour, they can speedily fly for direction 
and support? 

Your Memorialists as in duty bound will ever pray, &c. 
— George Atchison, Chairman. 

*Note — Not on file. 






5 1 2 SLA VER Y PETITIONS AND PAPERS. 

J. Edgar, James Lemcn, John Messinger, 

Ab'm Irnan, William Scott, Solomon Stoucky, 

Ephraim Belderback, Moses Short, John Whiteside, 

John Everitt, R. Robinson, John Beaird, 

Perrey, Et'ne Pinsoncau, N.Jarrot, 

Will Whiteside, Raphael Drury. 

Indorsement. , 

Petition of Sundry Inhabitants of 
the Indiana Territory. 

20th February, 1S07, 
Referred to Mr. Parke, 

Varnum, 

Alston, 

Kelly, 

Sanford, 

Jere Morrow and , 

Philip R. Thompson 

26th February, 1807, 
Report made, considered and agreed 
to. 





Petition of Randolph County, February 20, 1807, 
Counter to the Preceding Petition. 

(Copy of Original Paper. House Files.) 

To the Honorable the Congress of the United States, the petition oj 
sundry the Inhabitants of Hie county of Randolph, on the Mississippi, 
in the Indiana Territory. Humbly Shciveth: 

That your petitioners have observed with sincere regrets 
the machinations of certain men in the Mississippi settle- 
ments to effect a division of the Indiana Territory. A 
sham convention has lately sat in the county, petitioning 
your honorable body to that purpose. The presumptious 
proceedings of this body turns the name convention into 
contempt and ridicule. It would seem from the assump- 
tions of these pretended conventionalists that they were the 



SLA VERY PETITIONS AND PAPERS. 5 1 3 

regularl}- elected Delegates of the respective Townships, 
to represent the two counties on the Mississippi in conven- 
tion. No election was holden in Mitchi Township, nor 
that of Priara du Rocher— in Kaskaskia there was a sham 
election of a few persons, it is believed the Deputies chosen 
comprised one half of those present & indeed of those who 
had an}- notice of it. But where the people were ignorant 
of the measure or refused a concurrence, these Gentlemen 
assumed whatever was necessary to make themselves at 
least the nominal Representatives of the respective Town- 
ships. So far as to the conduct of the Representatives or 
conventionalists. 

But the measure itself is viewed by your Petitioners as 
calculated to produce the most injurious effects. There is 
no reason to believe that your Honorable Body will grant 
the form of Government recommended by this Convention, 
& even were it conceded to the people, we conceive they 
would not be in so eligible a situation as they now are. 
The second grade of government has lately been adopted ; 
a Representative government, has been secured to the 
country ; no taxes have yet been paid by the Mississippi 
settlements, & from the measures of the last session of the 
Legislature your petitioners have every reason to believe 
that a system of prudence and economy will be pursued 
by that body. As yet there has been no cause to com- 
plain. No reason presents itself to the minds of your 
petitioners which renders the project at least plausible. 
Your petitioners therefore pray that a Division of the Ter- 
ritory may not take place. 

Jas. Gilbreath, Henry Connor, 

A. Lanawoer, Hipolite Menard, 

Ante X -Lachapelle, Gabriel X Latieur alias Gagent, 

Bapte X Gendron, Joseph X Chamberland, 

Bapte-GermainXChamberland, Jnr., Henry X Bienvenue, 

Joseph X Deregnay, Ante. X Cassori alias Prevost, 

Charles X Dany, alias Boutine, Nicholas X Eneaux alias Canada, 





















. 



SH 



SLAVERY PETITIONS AND PAPERS. 



Fran. Bapte XCaloute, 

Louis GermainXChamberland,Sen 

Louis Germain XChamberlandJnr., 

Louis X Buatte, 

Abe! Dewey, 

Bapte. X Danis, Jr., 

Samuel Cochran, 

L. Lachapelle, 

Joseph X Lamare, 

Ante. X Labrierre, 

Bapte. Barbau 

Clement Drury, 

Antoine Blay, 

G. Delochy, 

Benifeance Pana alias Godair, 

Ambrose Valeur, 

E. Carpenter, 

Francois X Tanqui, 

Francois X Tibeau, 

Jean Bapte X Godair, 

Etienne X Lauglois, 

Auguste X Allard alias Parier, 

Jean Bapte X Perrin, 

Pierre X Godair alias Pana, 

Isidore X Godair alias Pana, 

Louis X Perio alias Verboncoeur, 

G. Decochyy?/.?, 

Jean Bapte. X Duelos, 

Nicolas X Olivier alias Mahin, 

Robert Hays, 

R:chard Hazel, 

Elijah Estes, 

Daniel Hazel, 

Jas. Ford, 

Jno. Harrison, 

Abijah Leavitt, 

Wm, Boon, 

Robt. Patton, 

James Harrison, 

John Hughs, 

George Fisher, 

John Hague. 

J. Finney, 

Charles McNabb, 



Joseph X Longreal, 
r, Pierre Marassi, 
Francois Menard, 
A lexis Doza, 
Gerome Danis, Senr, 
131aise Barute. 
AntoinG Poere, 
Nicholas Buatte, 
Ante. Danis, Jn'or, 
Jean Bapte. Lagrandeur alias Guitaro, 
Louis Pillette alias Lasoude, 
Jph. Krey, 

Ante. Peltier alias Autoya, 
Pierre Le Conte, 
Andre Barbar, 
Louis Decochy, 
Jrm. Toiton, 
Charles X Blay, 
Joseph X Blay, 
A ntoine X Cotinaux, 
Francois Langlois, 
Antoinne X Louvierre, 
Antoine X Blay. 
Charles X Tibaux, 
Joseph X Lavoie, Sen'r, 
Isidore Godair, Jun'r, 
Joseph Peltier, 
Wrn. Alexander, 
Jesse Maner, 
Louis X Archambeau, 
Michel X Bienvenu, 
Diego X Rodrigue, 
Michel X Danis, jun'r, § 

John Cochran, 
Chs. Brown, 
John Right, 
Wm. Appellate, 
William Shaw-, 
Johnston Cambel, 
John Carson, 
Saml. Jaunay, 
James Smith, 
Steton Bunch, 
Henry Kiefhart. 



I 






SLAVERY PETITIONS AND PAPERS. 515 

Indorsement. 

Petition of 
sundry inhabitants of the county of 
Randolph, in the Indiana territory. 



20th February, 1S07. 
Referred to Mr. Parke, 

" Varnum, 

" Alston, 

" Kelly, 

" Sanford, 

" Jere Morrow and 

" P. R. Thompson. 



26th February, 1807. 



Report made, Considered 
and agreed to 



LEGISLATIVE PETITION OF 1807. 

(Am. State Papers. Misc. Vol. I, p. 4S4.) 



In the Legislative Council and House of Representatives in the Indiana 
Territory : 
) 

Great solicitude has been evinced by the citizens of this 
Territory on the subject of the introduction of slaves. In 
the year 1802 a special convention of delegates from the 
respective counties petitioned Congress for a suspension 
of the sixth article of compact, contained in the ordinance 
of 17S7. In 1805 a majority of the members of the Legis- 
lative Council and House of Representatives remonstrated 
with Congress on the subject. In 1806 the Legislative 
Council and House of Representatives passed sundry res- 
olutions, which were laid before Congress, declaratory of 
their sense of the propriety of admitting slaves ; and, as 
the citizens of the Territory decidedly approve of tile tol- 
eration of slavery, the Legislative Council and House of 
Representatives consider it incumbent on them briefly to 
state, on behalf of themselves and their constituents, the 



5 1 6 SLA VER Y PETITIONS AND PAPERS. 

reasons which have influenced them in favor of the meas- 
ure. 

In the first place, candor induces us to premise that, in 
regard to the right of holding slaves, a variety iri opinion 
exists ; whilst some consider it decent and just to acquire 
them either by purchase or conquest, others consider their 
possession, by either tenure, as a crime of the deepest 
stain ; that it is repugnant to every principle of natural jus- 
tice, of political rights, and to every sentiment of humani- 
ty. Without entering into the merits of this controversy, 
it need only be remarked, that the proposition to introduce 
slavery into the Territory is not embraced by them. It is 
not a question of liberty or slavery. Slavery now exists 
in the United States, and in this Territory. It was the 
crime of England and their misfortune ; and it now be- 
comes a question, merely of policy in what way the slaves 
are to be disposed of, that they may be least dangerous to 
the community, most useful to their proprietors, and by 
which their situation may be ameliorated. 

As the law of Congress, prohibiting the further importa- 
tion of slaves into the United States, takes effect the ist 
of January next, it is evident that the proposed toleration 
will not increase the number in the United States. 

It is believed (and has not experience verified the fact?) 
that such is the number of slaves in the Southern States, 
that the safety of individuals, as well as the political insti- 
tutions of those States, are exposed to no small hazard. 
However desirable it may be to emancipate them, it can 
never be done until they are dispersed ; it would be equally 
impolitic for the whites as for the slaves. The great cur- 
rent of emigration is constantly flowing from the Eastern 
and Southern States to the Western States and Territo- 
ries. The increase of population in the western country 
for the last twenty years may afford some idea of its prob- 
able amount in the course of the present century ; it must 



1 



SLA VER Y PE TITIONS A ND PA PEPS. 5 r 7 

be immense ; and were all the territories opened to the in- 
troduction of slaves, a large proportion of them would 
naturally be drawn from the Southern States. 

From a reference to the States of Kentucky and Tennes- 
see at the time of the last United States census, it is not 
believed that the number of slaves would ever become so 
great as to endanger either the internal peace or future 
prosperity of the Territory. It is also rendered improbable 
from the interior situation of the Territory, its climate and 
productions. 

Slavery is tolerated in the Territories of Orleans, Mis- 
sissippi, and Louisiana; why should this Territory be 
excepted. 

It is believed that slaves, possessed in small numbers by 
farmers, are better fed and better clothed than when they 
are crowded together in quarters by hundreds ; their situa- 
tion in Kentucky, Tennessee, and the back parts of Mary- 
land andVirginia verify this belief. 

Resolved, By the Legislative Council and House of Rep- 
resentatives of the Indiana Territory, That it is expedient 
to suspend for a given number of years the sixth article of 
compact, contained in the ordinance for the government of 
the Northwestern Territory, passed the 13th day of July, 
in the year 1787. 

Resolved, That a copy of the foregoing be forwarded to 
the Vice President of the United States, with a request that 
he will lay the same before the Senate ; and that a copy be 
forwarded to the Speaker of the House of Representatives, 
with a request that he will lay the same before the said 
House of Represetatives ; and that the Governor of this 
Territory be requested to forward the same, as aforesaid. 

Jesse B. Thomas, 
. Speaker of the House of Representatives. 
Samuel Gwathemy, 
President pro tern, of the Legislative Council. 

Passed the Legislative Council, September 19, 1807. 

Attest: H. Hurst, Chief Clerk. 



5 1 8 SLA TER Y PETITIONS AND PA PERS. 

Counter Petition of Clark County. 

(Accompanying the above.) 

At a numerous meeting of the citizens of Clark county 
in Springville, (agreeably to notice previously given,) on 
Saturday, the ioth day of October, 1807, for the purpose 
of taking into consideration the resolutions passed at the 
last session of the Legislature of the Indiana Territory, 
praying the Congress of the United States to suspend for 
a certain time the sixth article of compact, contained in 
the ordinance, Mr. John Beggs was chosen chairman, and 
Davis Floyd, secretary. On motion, 

Ordered, That a committee of five suitable persons be 
appointed to draught and report to this meeting, a memo- 
rial to Congress, in opposition to the resolutions of the 
Legislature of the Indiana Territory on the subject of slav- 
ery in this Territory, by the suspension of the sixth article 
of compact contained in the ordinance. 

And the said committee was appointed of Messrs. Abra- 
ham Little, John Owens, Charles Beggs, Robert Robert- 
son, and James Beggs. 

Mr. Little from the aforesaid committee, reported a 
memorial, pursuant to the aforesaid order, in the words 
and figures following, viz : 

To the Senate and House of Representatives of the United States in 
Congress assembled ': 

The memorial of the citizens of Clark county, humbly 
showeth that great anxiety has been, and still is, evinced by 
some of the citizens of this Territory, on the subject of the 
introduction of slavery into the same ; but in no case has 
the voice of the citizens been unanimous. In the year 
1802, at a special convention of delegates from the respec- 
tive counties, a petition was forwarded to Congress to re- 
peal the sixth article of compact contained in the ordinance ; 



j*3 



SLAVERY PETITIONS AND PAPERS. 519 

but the representation of all that part of the Territory 
east of Vincennes were present, and were decidedly op- 
posed to that part of the petition. 

In the year 1805, the subject was again taken up and 
discussed in the General Assembly, and a majority of the 
House of Representatives voted against said memorial on 
the aforesaid subject, and, consequently the memorial was 
rejected, as the journals of that house doth sufficiently 
evince ; but a number of citizens thought proper to sign 
the same, and, amongst the rest, the Speaker of the House 
of Representatives and the President of the Council, 
(though the President of the Council denies ever having 
signed the same;) and, by some legislative legerdemain 
it found its way into the Congress of the United States, as 
the legislative act of the Territory. In the present year 
of 1807, the subject was again taken up by the Legislature 
of this Territory, and a majority of both Houses passed 
certain resolutions (in the proportion of two to one] for 
the purpose of suspending the sixth article of compact con- 
tained in the ordinance, which we presume are before your 
honorable body. But let it be understood that in the Leg- 
islative Council there were only three members present, 
who, for certain reasons, positively refused to sign the said 
resolutions ; and they were reduced to the last subterfuge 
of prevailing on the president to leave his seat, and one of 
the other members to take it as president fro tern., for the 
purpose of signing the said resolutions. Whether this be 
right or wrong, judge ye. And although it is contended 
by some, that, at this day, there is a great majority in 
favor of slavery, whilst the opposite opinion is held by 
others, the fact is certainly doubtful. But when we take 
into consideration the vast emigration into this Territory, 
and of citizens too, decidedly opposed to the measure, we 
feel satisfied that, at all events, Congress will suspend any 
legislative act on this subject, until we shall, by the con- 






520 SLA VER Y PETITIONS A ND PA PEPS. 

stitution, be admitted into the Union, and have a right to 
adopt such a constitution, in this respect, as may comport 
with the wishes of the majority of the citizens. 

As to the propriety of holding those in slavery whom it 
hath pleased the Divine Creator to create free, seems to v 
us to be repugnant to the inestimable principles of a re- 
publican Government. Although some of the States have, 
and do hold slaves, yet it seems to be the general opinion, 
even in those States, that they are an evil from which they 
cannot extricate themselves. As to the interest of the 
Territory, a variety of opinions exist ; but suffer your me- 
morialists to state that it is a fact that a great number of 
citizens, in various parts of the United States, are prepar- 
ing and many have actually emigrated to this Territory, 
to get free from a government which does tolerate 
slavery. The toleration of slavery is either right or 
wrong; and if Congress should think, with us, that it.is 
wrong, that it is inconsistent with the principles upon 
which our future constitution is to be formed, your memo- 
rialists will rest satisfied that at least this subject will not 
be by them taken up until the constitutional number of the 
citizens of this Territory shall assume that right. It is 
considered useless for your memorialists to recapitulate 
the many reasons and objections which might be ad- 
vanced, relying that this subject is fully and fairly under- 
stood by your honorable body as it relates to the natural 
right, policy and prosperity of a free and independent 
nation. On motion, 

Resolved^ That the chairman be requested to forward 
duplicate copies of these proceedings, (signed by the said 
chairman, and countersigned by the secretary,) one to the 
Vice President of the United States or President of the 
Senate -pro tern., and one to the Speaker of the House of 
Representatives in the Congress of the United States. 
By order of the meeting, 

John Beggs, Chairman. 

Attest: Davis Floyd, Secretary. 



SLA VEll Y PETITIONS AND PAPEliS. 5 2 1 

Report on the Preceding. 

(Am. State Papers, Misc., Vol. 1, p. 484.) 

10th Congress] [1st session 

Slavery in the Indiana Territory. 

Communicated to the Senate, November J3, 1807. 

Mr. Franklin, from the committee to whom was referred 
the representation and resolution of the Legislative Coun- 
cil and House of Representatives of the Indiana Territory, 
bearing date the 13th of July, 1807 ; and, also, the remon- 
strance of the citizens of Clark county, of the Territory 
aforesaid, reported : 

The Legislative Council and House of Representatives, 
in their resolutions, express their sense of the propriety of 
introducing slavery into their Territory, and solicit the 
Congress of the United States to suspend, for a given num- 
ber of years, the sixth article of compact, in the ordinance 
for the government of the Territory, northwest of the river 
Ohio, passed the 13th day of July, 1787. That article de- 
clares : "There shall be neither slavery nor involuntary 
servitude in the said Territory." 

The citizens of Clark county, in their remonstrance, ex- 
press their sense of the impropriety of the measure, and 
solicit the Congress of the United States not to act on the 
subject so as to permit the introduction of slaves into the 
Territory ; at least until their population shall entitle them 
to form a constitution and State Government. 

Your committee, after duly considering the matter, re- 
spectfully submit the following resolution : 

Resolved, That it is not expedient at this time to suspend 
the sixth article of compact, for the government of the Ter- 
ritory of the United States northwest of the river Ohio. 



522 SLA VER Y PE TJTIONS A ND PA PEPS. 

THE REPORT OF GENERAL W. JOHNSTON, 

Chairman of the Committee to which the Petitions 
on the Slavery Question had been Referred. 

(Vincennes $un, December 17, 180S.) 

"After a struggle of seven years the inhabitants of this 
portion of the British Empire in America found themselves 
in possession of independence as a nation and in this in- 
stitution they adopted they secured the enjoyment of a 
degree of personal liberty utterly unknown to any other 
government ; but an unfortunate circumstance darkened 
the cheering prospect. In every state, but especially in 
the Southern section of the Union, an oppressed race of 
man supplied by a most inhuman trade, portended the 
most serious evils to the American nation. Sensible that 
slavery, in a country where liberty was deservedly so 
dear and had been purchased at so high a price, presented 
a feature of deformity not to be justified, every state 
hastened to put an end to the horrid traffic; those states- 
which could do it without danger abolished slavery alto- 
gether ; and those which from the great number of their 
negroes could not with a due regard to their safety follow 
at once the dictates of justice and humanity, enacted laws 
for the protection of that unfortunate class of men and 
their gradual emancipation. When the North Western 
Territory was ceded by Virginia to the United States, 
Congress obeyed the impulse of justice and benevolence, 
endeavored to prevent the propagation of an evil which 
they could not totally eradicate, by enacting in the ordi- 
nance which forms our constitution that there shall be 
neither slavery nor involuntary servitude in the Territory, 
otherwise than etc. 

The law of the Territory entitled an act concerning the 
introduction oi' negroes and mulattoes into the Territory, 



SLAVERY PETITIONS AND PAPERS. 



S 2 3 



makes it lawful for an holder of slaves to bring them into 
the Territory and to keep them therein during sixty days, 
during which period the negroeis offered the alternative of 
either signing an indenture by which he binds himself for 
a number of years, or of being sent to a slave state or Ter- 
ritory there to be sold. The natural inference from this 
statement forces itself upon the mind that the. slave thus 
circumstanced is held in involuntary servitude, and that 
the law permitting such proceedings is contrary both io 
the spirit and letter of the ordinance and that therefore it 
is unconstitutional — your committee might add that the 
most flasntous abuse is made of that law : that negroes 
brought here are commonly forced to bind themselves for 
a number of years reaching or extending the natural term 
of their lives, so that the condition of those unfortunate 
persons is not only involuntary servitude but downright 
slavery — it is perhaps unnecessary to advert to the novel 
circumstances of a person under extreme duress of a slave 
becoming a party to a contract, parting with himself and 



receiving nothing. 

I. That slavery though in itself unjust might neverthe- 
less be tolerated from reasons of expediency is a point 
which your committee do not feel themselves at liberty to 
concede. They are firmly fixed in the persuasion that 
what is morally wrong can never by expediency be made 
right — -such a pliable doctrine if generally admitted would 
soon line our highways with banditti, our streets .with foot 
pads, and fill our exchange alleys with swindlers ; but 
policy itself forbids the measure. With respect to popu- 
lation, the great and more compact population of the 
Middle and Eastern States, compared to that of the South- 
ern states, justifies the expectation that emigration will 
proceed more from the first than the last. This observa- 
tion will be rendered conclusive by this fact, that the State 
of Virginia, older and larger than Pennsylvania, contains 



5 24 SLA 1 r EB Y PETITIONS A ND ] "A 1 >ERS. 

a body of militia of sixty odd thousand men, while Penn- 
sylvania actually musters ninety odd thousand men. 

2. With respect to the spirit of enterprise and internal 
improvements, your committee cannot trespass upon the 
time of the House by entering minutely into the elucida- . 
tion of this important subject, on which very erroneous 
opinions have been entertained. They will only observe 
that a general view of the different states of the Union, 
and of their respective means of prosperity and importance 
will soon convince the impartial enquirer that the hand of 
freedom can best lay the foundation to raise the fabric of 
public prosperity. The old states north of Maryland, 
without one single precious commodity, exporting nothing 
but bulky articles, present every where the spectacle of 
industry and animation. The style of their agriculture is 
superior; their mills, bridges, roads, canals, their manu- 
factures, are in point of number without a parallel in the 
Southern states, and they, besides other parts of the world, 
export to those states manufactured commodities to a large 
amount annually. On the subject of public improvements 
we will beg leave to refer the House to a document laid 
before Congress on the subject of roads and canals* The 
state of Ohio furnishes us with a case in point which aptly 
illustrates the two foregoing" observations. In the short 
space of a few years our eyes witness growing into im- 
portance, where but a little while before Indian hordes and 
savage beasts roamed without control, farms, villages, 
towns, multiplying with a rapidity unprecedented in the 
history of new settlements ; the same cause will produce 
the same effects. The exertions of the free man who la- 
bors for himself and family must be more effectual than 
the faint efforts of a meek and dispirited slave whose con- 
dition is never to be bettered by his incessant toils. The 
industrious will flock where industry is honorable and 
honored, and the man of an independent spirit where 



SLA VER Y PE TITIONS A ND PA PEPS. 525 

equity [equality?] reigns, and where no proud nabob can 
cast on him a look of contempt. 

3d. With respect to the influence which the practice of 
slavery may have upon morals and manners ; when men 
are invested with an uncontrolled power over a number of 
friendless human beings held to incessant labor ; when 
they can daily see the whip hurrying' promiscuously the 
young, the aged, the infirm, the pregnant woman, and the 
mother with her suckling infant to their daily toil ; when 
they can see them unmoved shivering with cold and 
pinched with hunger; when they can barter a human be- 
ing* with the same unfeeling indifference that they barter a 
horse ; part the wife from her husband, and unmindful of 
their mutual cries tear the child from its mother ; when 
they can in the unbridled gust of stormy passions inflict 
cruel punishments which no law can avert or mitigate ; 
when such things can take place, can it be expected' that 
the milk of human kindness will ever moisten the eyes o 
men in the daily practice of such enormities, and that they 
will respect the moral obligations or the laws of justice 
which they are constantly outraging with the wretched 
negro. Their passions, never controlled, will break out 
in frequent quarrels, which will be decided with savage 
cruelty, and their manners will receive a tinge of repelling 
fierceness, which will be too often discernible where a 
proper education has not softened and expanded the heart 
and corrected the understanding-. At the verv moment 
that the progress of reason and general benevolence is 
consigning slavery to its merited destination, that England, 
sordid England, is blushing at the practice, that all good 
men of the Southern states repeat in one common response 
i I tremble for my country when I refect that God is jitst? 
must the Territory of Indiana take a retrograde step into 
barbarism and assimilate itself with Algiers and Morocco? 

4th. With respect to its political effects, it may be worthy 



. 



5 26 SLA VER Y PETITIONS AND PAPERS. 

of enquiry how long the political institutions of a people 
admitting slavery may be expected to remain, uninjured, 
how proper a school for the acquirement of republican vir- 
tues is a state of things wherein usurpation is sanctioned by 
law, wherein the commands of justice are trampled under 
foot, wherein, those claiming the right of free men are them- 
selves the most execrable of tyrants, and where is conse- 
crated the dangerous maxim " that power is right." Your 
committee will here only observe that the habit of unlimited 
dominion in the slave-holder will beget in him a spirit of 
haughtiness and pride productive of a proportional habit of 
servility and despondence in those who possess no negroes, 
both equally inimical to our institutions. The lord of three 
or four hundred negroes will not easily forgive, and the 
mechanic and laboring man will seldom venture a vote 
contrary to the will of such an influential being. This 
question your committee have hitherto only considered in, 
relation to the internal prosperity and happiness of the Ter- 
ritory, they cannot yet dismiss the subject without offering 
to this House two observations tending to prove that in re- 
lation, to the United States the admission of slavery into 
this Territory is a measure which neither justice nor policy 
can justify. The negro holders can emigrate with their 
slaves into the extensive Mississippi Territory, the Terri- 
tory of New Orleans, and the more extensive Louisiana. 
By opening to them the Territory of Indiana, a kind of 
monopoly of the United States land is granted to them, and 
the Middle and Eastern States as well as enemies of slavery 
from the South are effectually precluded from forming 
settlements in any of the Territories of the United States. 
Your committee respectfully conceive that the National 
Legislature can not with justice make such an unequal 
distribution (if they may be allowed the expression) of the 
lands with the disposal of which they are entrusted for the 



SLA VERY PETITIONS AND PAPERS. 527 

benefit of all, but especially of those states whose overflow- 
ing population renders emigration necessary. 

If we take a general survey of the geographical extent 
of the United States, we'll see with concern the system of 
slavery extending from the line of Pennsylvania and the 
Ohio river to the Floridas, and from the Atlantic to the 
Mississippi. By the purchase of Louisiana where it was 
found existing, it may spread to our indefinite extent North 
and West, so that it may be said to have received a most 
alarming extension and is calculated to excite the most 
serious fears. By admitting it to Indiana, that is to say 
opening to it the vast tract of country lying between the 
state of Ohio, the river of that name, the Lakes, and the 
Mississippi, the comparative importance of the Middle and 
Eastern states, the real strength of the Union, is greatly 
reduced, and the dangers threatening the internal tran- 
quility of the United States proportionably increased. 

From the above reasons, and many others which might 
be adduced, your committee are of opinion that slavery 
cannot and ought not to be admitted into this Territory ; 
that it is inexpedient to petition Congress for a modifica- 
tion of that part of the ordinance relative to slavery ; and 
that the act of the Legislature of. Indiana for the introduc- 
tion of negroes and mulattoes into the said Territory ought 
to be repealed, for which purpose they have herewith re- 
|| ported a bill. 

Your committee are further of opinion that a copy of 
this report and a copy of one of the petitions upon which 
the same is predicated be immediately made out, signed 
by the Speaker of this House and attested by the Clerk, 
and forwarded by the ensuing mail to the Speaker of the 
House of Representatives of the United States, with a re- 
quest that he will lay the same before Congress." 

Genl. W. Johnston. 

Chairman of Committee." 



5 28 SLA ] r E$L \ r PETITIONS A XI) PAPERS.. 

OPINION OF JOHN JOHNSON, IN POLLY'S CASE. 

In 1779 or 80 a negro woman was taken prisoner by the 
Indians, of the age of 15. She was sold to Isaac Will- 
iams, at Detroit and sold by said Williams to Antoine 
Lasselle. While the said woman was in the possession of 
Lasselle she had three children, two of whom LB. La- 
plant purchased. Question are those children slaves? 

As to the first point, the woman was taken by the In- 
dians as allies of England while they were in a state of 
warfare with the state of Virginia and the other states of 
the United States. As such she must be considered as a 
lawful prize, at least so much so that the conqueror had 
a right by virtue of his power to dispose of her life or per- 
son as he might think proper. This position is strength- 
ened because of her being held as a species of property 
by her owner before and at the time she was taken. 
Secondly Detroit and what was formerly called the North 
Western Territory in the years 1779 & 80 (nay untill 
1783) was an integral part of the state of Virginia and gov- 
erned by the same laws. By a law of the Colony of Vir- 
ginia passed in the year 1705 negroes reduced to posses- 
sion are considered as slaves, This law still continues in 
force with some small variation with regard to the manner 
of transferring that property. Thus the said woman could 
be held as a slave either by virtue of conquest or by virtue 
of the laws of Virginia. 

In 1783 Virginia ceded the North Western Territory in- 
cluding Detroit to the United States. By the articles of 
cession and by the Ordinance for the Government of this 
Territory the rights' and privileges and also the property 
of the inhabitants are guarranteed to them. Hence the said 
negro woman being taken and considered as a species of 
property prior to the adoption of the Ordinance for the Gov- 
ernment of the said Territory the 6th article thereof which 



SLA VEJR Y PETITIONS AND PAPERS. 5 29- 

£30 

prohibits involuntary servitude can not affect her condition 

or the rights of her master. Thirdly the children follow 
the condition of the mother and not of the father. This 
point is as well defined by law as any other whatever and 
the reason of it is this. The Slave being considered as -the 
absolute property of the master for life he has a right to 
all the undivided emoluments arising from such slave and 
the increase of such female slave being part of the benefit 
arising from such kind of property as much so as her labor. 
From the foregoing premises I am decidedly of opinion 
that the children of the Negro Woman alluded to are 
slaves. Jno. Johnson. 

Indorsement. 

Opinion Johohn Jonson Avocast 
pour pol£s negresse. 



H 









n-. 



GENERAL INDEX. 



Akansa Indians, attachment for the whites, 415. 

Albany, mention of, 117. / 

American Anti- Slavery Society, mention of, 238. 

American Colonization Society, organization of, 248; intentions opposed 
by Charles Osborn, 24S, 249. 

Anti-Slavery agitation of 184S enforced the cause of freedom, 266. 

Anti-slavery societies, number of in the United States, 24G. 

Appropriations of Indiana Territory, early legislative, 32. 

Attorneys in Northwest Territory, oath of, 10; neither party to a suit al- 
lowed more than two, or more than one if but two attorneys are at- 
tending court, 10. 

Auglaize River, see Grand Glaze River. 

Aurora. Town of, near site of Loughery's Defeat, 107. 

Bare Banks, mention of 112. 

Batteaux, mention of, 114. 

Bedford, mention of, 117. 

Big Miami (Mineamie) River, mention of, 119, 121, 126, 420. See Miami 

"' River. 
Bread of early settlers, preparation of corn for, 378; kinds of bread made 

, by settlers, 383, 3S4 
Buffalo Island, mention of, 112. 

Cabins, construction 0^396. 

Cahokia, a considerable settlement in 1800, 16. 

Carieton Island, mention of, 114. 

Carlysle, mention of, 117. 

Carnahan's Block-house, rendezvous of Col. Loughery's command, 
106, 111. 

Cascades, The, mention of, 114. 

Catfish Island, mention of, 112. 

Caughnawaga village, mention of, 114. 

Chateaugay Island, mention of, 114. 

Chateaugav River, mention of, 114. 

Cherokee (Cherakee) River, mention of, 410, 414, 421. 

Children, Disobedient, laws of Northwest Territory providing for punish- 
ment of, 9. 

(S3i) 



532 



GENERAL INDEX. 






Chickasaw (Chicasa) Indians, attachment to whites, 415. 

Chillicothe (Chillecothey), mention of, 113. 

Chipkawkay, afterwards called the Post on the Wabash, 331. 

Cincinnati, Laws of Governor and Judges of the Northwest Territory 
passed at, S. 

Civil War, The, traceable to the purchase of Louisiana, 68. 

Clark's Grant, a considerable settlement in 1S00, 16; amount of lard in, 
11S; petition for the extinguishment of the Indian title 10,463; pe- 
tition for a grant of land for the support of schools in, 464. 

Clothing of early settlers, preparation of flax for, 3S9; manufacture of tow 
linen, linsey woolsey and jeans. 390, buckskin, 391; the making of 
of garments, 391; moccasins and head dresses, 392; value of skins, 393; 
fashions, 394. 

Cohorse, Settlement of, mention of, 116. 

Cold Feet Village, distance from Detroit, 436, 

Compromise of 1S50, a result of the purchase of Louisiana, 68. 

Connecticut River, mention of, 116. 

Constitution of 1816 and its adoption, 33. . 

Convention of 1816, 32. 

Corn, primitive method of grinding, 378. 

Coteau du Lac, mention of, 114. 

Crimes and Punishments m Indiana Territory, 21, 26. 

Cumberland River, mention of, 410. 

Debt, Imprisonment for, in Northwest Territory, 9, 

Delaware Indians, home of, 409, 418. 

Delaware River, mention of, 117. 

Des Plaines River, distance from Detroit to, 438. 

Detroit, Clark's plan for a campaign against, 97 el seq.; mention of, 334, 

337; table of distances from to Illinois, 435, 
Devor's Ferry, mention of, in. 
Divorces in Indiana Territory, 26. 
Dred Scot Case, The, a result of the purchase of Louisiana, 6S. 

Eel River (Little Rock River), distance from Detroit, 436. 

Elm Meadow, distance from Detroit. 435. 

English Common Law in force in Northwest Territory, 11. 

Federalists, Views of the, with reference to the right of the United States 
to acquire territory by purchase. 8^, S4 ; endeavored to embarrass the 
administration after the purchase of Louisiana, 8;, 86 ; decay of the 
party, 86. 

Fee* of judicial officers and attorneys in Indiana Territory, 19, 27. 

First book printed in Indiana, 17. 



1 



GENERAL INDEX. 533 

First General Assembly of Northwest Territory, organization and legis- 
lation, 13. 

Fishing Creek, Lieut. Baker and command attempt to desert Col. 
Clark at, 106, in. 

Fishkill's Landing, mention of, 116, 117. 

Flats, The, distance from Detroit, 436. 

Food of early settlers, bread, 3S3 ; game, 384 ; tame and wild hogs, 385, 
386; fish, potatoes, 386 ; flour, 3S7 ; manner of cooking meat, 387; 
abundance of game, 3S8. 

Fort Assumption, location of, 414. 

Fort at Cascoskias, mention of, 414. 

Fort Charters (Chartrcs), mention of, 414,416; health of English garrison, 
417; donation of land to each family at, 450, 453. 

Fort at Cahokia (Coake), mention of, 414. r* * „ / l A " A " 

Fort Erie, mention of, 114. *M?^ 

I Fort Manner, mention of, 7. , ??"*"' 

j Fort Harrison, attack on, 131. / -" 

Fort Henry (Wheeling), halt of Col.Loughery at, 106; mention of, ill, 119, 

126; expedition from in 1782, 10S. .__[•'-'/ ! „- A : " ' 

Fort Jefferson, distress at in 17S0 from lack of provisions, 98. 

Fort Massiac (Massac), location of, 421 ; mention of, 458, 

Fort Miamie, distance from Detroit to, 435'; list of inhabitants at, 440. 
j Fort Miami's, building of, 325; mention ~of, 334, 336.- 

Fort of the Natchez, condition of in 1766, 414. 

Fort Niagara, mention of, 114. 

Fort Pimetoui (Pumetewes), distance from Detroit, 438. 

Fort Pitt, distance from Philadelphia, 409 ; mention of, 101, 104, 336, 410, 
416, 417, 418, 419, 420. 

Fort Schlosser, mention of, 114. 

Fort St. Josephs, road from Detroit to, 437 ; distance from Detroit to, 438. 

Fort St. Louis, Indian confederacy established at, 327 ; Indiana Indians 
emigrated to, 327 ; Ouiatanons emigrated to, 32S. 

Fort on the Wabash, now Vincennes, 331. 

Franklin, State of, organization of, 73. 

French, The, early explorations and colonization of, 66, 67 ; desire of for 
trading posts and military stations in the Ohio Valley, 324 ; estab- 
lished a military post at Ouiatanon, 329, 330 ; friendship of Indians 
for, 337 ; drunkenness of, 411 ; influence over Indians, 413; duplicity 
of, 413. 

Fugitive Slave Act, passage of strengthened the cause of freedom, 226. 

Garlic Island, distance from Detroit, 436. 

General Assembly of Indiana Territory, organization of, 23. 

"Genius of Universal Emancipation," edited by Benjamin Lundy, when 



k 



534 



GENERAL INDEX. 



Glades, The, mention of, 117. 

Grand Glaze (Auglaize) River, distance from Detroit, 435. 

Grand River, distance from Detroit, 437. 

Grave Creek, mention of, 11 1. 

Great Bend, distance from Detroit, 435. 

Great Britain sent agent to Kentucky in 17S9, 75. 

Great Miami (Mcyamee) River, mention of, 112. See Miami River. 

Great Rapid, distance from Detroit, 436. 

Hackettstown, mention of, 117. 

Hartford Convention, The, admission of new States in the West its ground 

of complaint, 89. 
Handewine Sippv, see Huron River. 
Hcason's Road, mention of, 115. 
Highlands. The, distance from Detroit, 437. 
Hockhocking River, mention of, 419. 
Howell's Ferry, mention of, 117. 
Huron Indians, home of, 435. 
Huron River, distance from Detroit, 437. 

Illinois Indians, number of, 411. 

Illinois River, di. tance from Detroit, 437. 

Illinois settlements, fertility of land, 410; trade of, 411; number of in- 
habitants, 4 14. 

Illinois Territory governed by laws in force in Indiana Territory at date 
of its organization, 15. 

Indiana Canal Company, incorporation of, 24. 

Indiana. Central, early settlers in, 37S; settlement and purchase of land, 
395; social equality, 396; construction of cabins, 396; orchards, 397; 
improving land, 397; log-rollings, bed-quiltings and corn-huskings, 
39S; household furniture, 398, 399, 400; sickness, 400, 401, 402. 

Indiana First map of, 370. 

Indiana Historical Society, services of John B. Dillon, 52; vicissitudes of 
its library, $3. 

Indiana, State of, admission of, 33; condition of in 1816, 34. 

Indiana State Publications: 

Constitutional Convention Proceedings: 
Convention of 1S16, 145. 
Convention of 1851, 145. 

Legislative Proceedings: 

House and Senate Journals, 146. 

Documentary Journals and Annual Reports, 148. 

Brevier Legislative Reports, 158. 

Session Laws, 159. 

Revisions, 162, 



GENERAL INDEX. 

Reports of State Officers, 164. 
Adjutant General, 165. 
Agent of State, 167. 
Agriculture, State Board, 168. 
Attorney-General, 169. 
Auditor of State, 170. 
Banks: State Bank, 172. 

Bank of State, 174. 
Blind Institute, 174. 
Canal Fund Commissioners, 174. 
Centennial Commissioner, 176. 
Charities, Board of State, 176. 
Colonization Board, 176. 
Commissary General, 177. 
Custodian of Public Buildings, 177. 
Deaf and Dumb Institute, 177, 
Equalization Board, 179. 
Feeble-Minded Youth, 1S0. 
Fisheries Commissioner, 181. 
Fund Commissioners, 181. 
Geology and Natural Resources, 181. 
Governor: Messages, 1S4. 

Reprieves, etc., 184. 

Contingent Expenses, etc., 184. 
Health Board, 1S5. 
Horticultural Society, 1S5. 
Indianapolis, Agent of State for, 186. 
Insane -Hospitals: Old Hospital, 186. 

Department for Women, 189. 

Additional Hospitals, 1S9. 
Insurance Commission, 1S9. 
Insurance Commissioner, 190. 
Internal Improvement Board, 190. 
Kankakee River Commissioners, 194. 
Librarian, State, 194. 
Live Stock Sanitary Commission, 195. 
Loan Commissioners, 196. 
Michigan Road Commissioner, 196. 
Mine Inspector, 197. 

New Albany and Vincennes Turnpike Road, 197. 
Normal School, 198. 
Oil Inspector, 198. 
Prison, South, 199. 
Prison, North, 202. 



535 



536 GENERA I, INDEX. 

Reports of State Officers — Continued. 

Public Instruction: Superintendent of Common Schools, 204. 

Superintendent of Public Instruction, 204. 
Purdue University, 205. 
Quarter-Master General, 206, 
Reform School for Boys, 207. 
Reform School for Girls, 20S. 
Secretary of State, 209. 
Sinking Fund, 211. 

Soldiers' and Sailors' Monument, 212. 
Soldiers' and Sailors' Orphans' Asylum, 212. 
State Debt Sinking Fund, 213. 
State House Commissioners: Old State House, 214. 

New State House, 214. 
Statistics, Bureau, 216. 
Swamp Land Records, Clerk, 216. 
Three Per Cent. Fund, Agent, 217. 
Treasurer of State, 217. 
University, Indiana, 219. 
Vienna Exposition Commissioner, 220. 
Wabash and Erie Canal, Trustees, 221. 
Wabash River, Commissioner, 223. 
War offices: Agent to Purchase Arms, 224. 

Allotment Commissioner, 224. 

Arsenal, State, 224. 

Draft Commissioner, 224. 

Finance Bureau, 224. 

Gettysburg Soldiers' National Cemetery, 224. 

Hospital Surgeons, 224. 

Legion, Indiana, 224. 

Military Agents, 224. 

Military Auditing Committee, 224. 

Ordnance Officer, 224. 

Pay Agents, 224, 

Paymaster, State, 225. 

Sanitary Commission, 225. 

Special Agent to visit troops, etc., 225. 
List of Reports now required to be published. 225. 

Supieme Court Reports, 226. 

Miscellaneous Reports, 22S. 

Suggestions as to State Publications, 230. 
Indiana Territorial Publications: 

Journals of Territorial General Assembly, 143. 



GENERAL INDEX. ^7 

Laws of Governor and Judges, 143. 
Laws of General Assembly, 144. 
Indiana Territory, governed by laws of the Northwest Territory after its 
organization as a separate territory, 14; no congressional sanction for 
this, 15; its laws in force in Illinois Territory, 1 5; organization of Ter- 
ritory, 15; area comprised in, 15; plan of government the same as that 
of Northwest Territory, 16; population in iSoo, counties, settlements 
and hardships of travel, 16; first governor and judges, 16; first legis- 
lative sessions of governor and judges, 17; first book printed in Ter- 
ritory, 17; tax laws and tax lists, iS; judicial system, 19; fees of court 
officers and attorneys, 19, 27; slavery legislation, 20; crimes and pun- 
ishments, 21, 26 ; validity of laws, 22 ; laws adopted from other 
States, 22 ; jurisdiction of Governor and Judges over the District 
of Louisiana, 22; organization o( Territorial General Assembly, 
23; meetings of General Assembly, 23; revised laws of, 23; Vin- 
cennes University and lottery, 24; divorces, 26; a curious relief act, 
27; trouble in regard to Territorial courts, 27; Territorial court given 
equity jurisdiction and appeals to United States Supreme Court au- 
thorized, 2S; further slavery legislation, 29, 30, 31; veto power of Gov- 
ernor, 31; early legislative appropriations, 32; convention and consti- 
tion of 1816, ^2; territory curtailed, organization of Michigan and Illi- 
nois Territories, 32; admission to Statehood, 33; condition in 1S16, 
34; petition for the repeal of the slavery article m the ordinance 
of 17S7 and for the laying off of donation lands, 4^7; report thereon, 
452; petition for the modification of the slavery article, the extinguish- 
ment of Indian titles, the opening of roads and inns, and the estab- 
lishment of garrisons, 455; petition for the suspension of the slavery 
article, the extinguishment of Indian titles, the passage of a pre-emp- 
tion law, a grant of land for the support of schools, the opening of 
roads and inns, the extension of the Territory to include Saline 
Spring, the laying off of donation lands, the extension of the right of 
suffrage to all males of full age and the allowance of a salary to the 
Attorney-General, 461; resolution of the Vincennes convention agree- 
ing to a suspension of the sixth article, 469; report on resolution, 
memorial and petition, 470; second report on resolution, 473; legisla- 
tive petition asking right to introduce slaves into the Territory, the 
extension of suffrage, the ceding of salt springs, the locating of dona- 
tion lands, protesting against a division of the Territory and against 
a removal of the seat of government from Vincennes, and asking that 
the two States to be formed from the Territory be controlled by one 
government, 476; memorial praying the erection of the Territory 
into two States, the modification of the sixth article, the removal 
of the seat of government and the abatement of the vexatious issuance 
of writs of attachment, 4S3; petition of Dearborn County to be an- 



538 



GENERAL INDEX. 



nexed to State of Ohio, 492; report on above petitions, 494; memorial 
asking the erection of Randolph and St. Clair Counties into a sepa- 
rate colony, 498; minutes of convention that drafted preceding memo- 
rial, 503; census accompanying above minutes, 505; legislative reso- 
lutions of 1S07 regarding slavery, 507; House report on resolution, 509; 
second memorial of Randolph and St. Clair Counties, 510; counter , 
petition of Randolph County, 512; legislative resolution of 1807 that 
it was expedient to suspend the sixth article, 515; counter petition of 
Clark County, 51S; report on preceding, 521; report of chairman of 
committee to which petitions were referred, 522. 
Indiana University, laws relating to, 219. 

Indianapolis, choice of location of, 379; town laid out and lots sold, 381. 
Internal Improvement Act, what it provided for, 191. 
Iron Mountain River. See Kalamazoo River. 
Iroquois River, distance from Detroit, 43S. 
Isle of Berrot, mention of, 114, 
Judicial Circuits in Northwest Territory, allowance by Congress to two 

judges for traveling expenses incurred, 14; means of travel, in- 
judicial System of Indiana Territory, 19. 
Juniata River, mention of, 117. 

Kahokia, donation of land to each family residing at, 453. 
Kalamazoo River, distance from Detroit, 438. 
Kanawha (Canaway, Canawha) River, mention of, 409, 419. 
Kankakee (Recankeekee) River, distance from Detroit, 438. 
Kansas-Nebraska Bill, The, a result of the purchase of Louisiana, 6S, 
Kaskaskia, a considerable settlement in 1800, 16; distress in 1780 from 

lack of provisions, 98; donation of land to each family at, 450, 453. 
Kaskaskia Indians almost extinct in 1800, 457. 
Kaskaskia River, good farming land on, 450. 
Kenapacornaqiia, destruction of Indian town of, 347. 
Kentucky River, mention of, 420. 

Kethtippecanunk, site of, 331; capture by Gen. Scott, 342; the town, 343; 

sometimes called Upper Ouiatanon, 346; second destruction of by 

Gen. Wilkinson, 347; becomes a meeting place of the Indians, 347; 

later known as Prophetstown. 347. 

Kickapoo (Kiskapous, Quicapous) Indians, reliance of French upon, 333; 

home of, 335, 410, 420. 
Kings Glaze River, distance from Detroit to, 435. See Grand Glaze River. 
La Belle Riviere, French translation of Iroquois name for the Ohio, 409. 
La Chine, mention of, 114; granted to La Salle by the Sulpician monks, 319. 
Lancaster, mention of, 117. 
Laremes, mention of, 113. 

Laws of Goverher and Judges of Northwest Territory, ivhen printed, 7; 
rarety of volumes, 7, note; where passed, S; validity of, 12. 



GENERAL INDEX. 539 

Legislative power of Northwest Territory, 5. 

Les Gros, Indian village of, 329. 

Licking Creek, mention of, 420. 

Liquor laws of Northwest Territory, 9. 

Little Glaze River, distance from Detroit, 435. 

Little Kanawha (Connaway) River, Col. Laughery instructed to join Col. 
Clark at, 106, in. 

Little Miami (Mimeamie) River, mention of, 420. See Miami River. 

Little Rock River (Bull Creek), distance from Detroit, 436. 

Long Beach, mention of, in. 

Long Prairie, The, good farming land at, 450. 

Long Saul, mention of, 114. 

Longueil Church, mention of, 114. 

Loughery's CreeTt, scene of Loughery's Defeat, 107. 

Loughery's Defeat, Clark's plan for a campaign against Detroit, 97; dis- 
couragements met with, 9S, 99, 100; correspondence of Col. Clark 
with the Governor of Virginia showing the difficulty of securing a 
sufficient force, 100, 102, 103; letter of Col. Clark to Gen. Wash- 
ington, 101; letter of Major Croghan to Col. Wm. Davis telling of 
Clark's departure from near Fort Pitt, 104; Col. Archibald Laughery 
and the movements of his force, 106; capture of Col. Laughery and 
his command, 107; British report of the defeat, 109; diary of Capt. 
Isaac Anderson, in, et seq.; affidavit of James Kean concerning the 
defeat, 120, 121; affidavit of Ezekiel Lewis concerning the defeat, 
125,126. 

Louisiana, acquisition of, one of the three most prominent events in the his- 
tory of the United States, 65; French and Spanish colonization, 66; the 
question of slavery, 67; the purchase of Louisiana as affecting the ques- 
tion of slavery, 68; the settlements of Kentucky and Tennessee and their 
possibilities of commerce and immigration, 69, 70; ownership of the 
lower Mississippi Valley, 70; claim of Spain to ownership and conten- 
tions of the settlers, 71; consent of the United States to yield claim to 
navigation of lower Mississippi for twenty-five years, 72; organiza- 
tions of the State of Franklin, 73; Spanish levies on American com- 
merce, 73; methods of redress suggested, 74; labors of Gen. James 
Wilkinson in Ohio Valley, 74; intrigue of Great Britain and Spain, 
75, 76; treaty of October, 1795, with Spain, 76; dissatisfaction with 
treaty, 76; intrigues of Don Francisco de Miranda, 77; retrocession 
of Louisiana by Spain to France. 77; letter of Thomas Jefferson to 
Mr. Livingston, Minister at Paris, 78; necessity for the acquisition 
of Louisiana, 79; a constitutional obstacle, So, Si, S2; view of the 
Federalists, 83, 84; accomplishment of the purchase, S54 contention 
of the Federalists that the purchase was in effect a dissolution of the 



5<|0 GENERAL INDEX. 

Union, SC; relation of subsequent events to the purchase of Louisiana, 

87, SS, 89, 90; dangers of the precedent it set, 92. 
Louisiana, District of, jurisdiction of Governor and Judges of Indiana 

Territory oxer, 22. 
McKeesport, mention of, 126. 
Man in History, what is history, 273; significance of history, 277; prog ' 

ress of the study of history, 284; value of history, 291; man's place 

in History, 297; insignificance of the individual, 306. 
Maraele's Mill, mention of, 111. 
Marietta, Ohio, capital of Northwest Territory, 6; laws of Governor and 

Judges passed at, 8. 
Mascoutin (Mascoutens) Indians, reliance of French upon, 333; home of. 

33& 4 TO < 43 s - 

Maumee (Maine, Miamie) River, way of reaching Indiana via, 34; men- 
tion of, 113; distance from Detroit, 435. 

Maxwell Code, what, and when printed, 7; an almost literal transcript of 
statutes of the original states, 12; an excellent code, 13; sources of 
its laws, 22. 

Memphremagog, Lake, mention of, 115. 

Merrimac River, mention of, 116. 

Mexico, war with, poured a flood of light upon slavery, 265. 

Miami Confederacy, mention of, 32S. 

Miami Indians, ordered to drive the English from their Ohio River settle- 
ments, 333; home of, 435. 

Miami (Mineamie) River, purpose of Indians to ambush Col. Clark at 
mouth of, 106; mention of, 112, 119, 126, 420. 

Middle Island, mention of, in. 

Middietown, mention of, 117. 

Militia Law of 17SS provided for parade on Sundays adjacent to places of 
worship, 8. 

Mill, first built in New Purchase, 37S. 

Mingo Indians. See Seneca Indians. 

Missisque River, mention of, 115. 

Mississippi River, discovery of, 322; distance from Detroit, 438. 

Missouri Compromise, The, a result of the purchase of Louisiana, 6S; 
quieted the general alarm for a time, 90; marked a line of demarka- 
tion between free and slave territory in the west, 90; repeal of en- 
forced the cause of freedom, 266. 

Mohawk Indians, mention of, 119, 120, 126. 

Monongahela River, mention of, 126. 

Montreal, mention of, 114, 337. 

Municipal Incorporation, incorporation of first in Indiana, 24. 

Muskingum River, mention of, 409, 41S. 

Musqueton. See Mascaufin. 



GENERAL INDEX. 54! 

New Albany, site of probably reached by La Salle in 1669, 321. 

New Albany and Yincennes Turnpike Road, incorporated, 190, 197. 

Newburg, mention of, 117. 

New Madrid, settlement made at, 75. 

New Orleans Company, mention of, 412, 413. 

New Purchase, reference to, 34. 

New Windsor, mention of, 117. 

North Carolina Manumission Society, mention of, 252. 

North River, mention of, 117. 

Northwest Territory, The, a primitive wilderness, 3; modes of reaching 
it, 4; ordinance of 1787, 4; states to be formed from it, 5; officers and 
mode of appointment, 5; legislative power, 5; power to organize a 
general assembly, 6; first officers, 6; arrival of Governor and Judges 
at Marietta, 6; appearance of the new capitol, 6; opening of first 
court, 6; first legislative session of Governor and Judges, 7; laws of 
Governor and Judges, when printed, 7; where passed, 8; to what they 
chiefly related, 8; militia law of 17S8, 8; pillories and whipping posts 
authorized, 8; law providing punishment for disobedient children and 
servants, 9; liquor laws, 9; collection of taxes, 9; imprisonment for 
debt, 9; attorneys, 10; English common law in force, 11; profane 
swearing, 11; validity of laws of Governor and Judges, 12; Maxwell 
code, 12, 13; organization of first general assembly, and acts passed . 
by it, 13; judicial circuits and means of travel, 14; laws of Northwest 
Territory operative in Indiana Territory after its organization, 14; 
extent of Territory after organization of Indiana Territory, 15; sources 
of laws of Governor and Judges, 22. 

Ohio River, mode of -reaching Indiana by, 34; La Salle's expedition to, 319, 
et seq,\ true course of the Ohio known, 321; French claim to, y^^\ 
desire of the French for trading posts in the Ohio valley, 324; or- 
ders to drive the English from, 332; tributaries of, 418, 420; falls of 
420; banks and width, 420; mouth of, 42 1 ; census of inhabitants 011,506. 

Ohio, State of, admitted to the Union, 15, 

Ordinance of 17S7, The, passage of, 3; prohibited slavery, 4; was the be- 
ginning of the end of slavery in America, 65, 91; petition for the al- 
teration or repeal of the slavery article of compact in, etc., 447; report 
thereon, 452; petition for the modification of the sixth article, etc., 
455; petition for the repeal or suspension of the sixth article, etc.. 461; 
resolution of the Vincennes Convention agreeing to suspend the sixth 
article, 469; letter of Win. Henry Harrison, President of Convention 
transmitting resolution to Speaker of House of Representatives, 470; 
petition asking the repeal of so much of Ordinance of t 7S7 as relates 
to suffrage, etc., 476; legislative resolution of 1S07 concerning suspen- 
■ sion of sixth article, 507; letter transmitting above resolution to 
Speaker of House, 509; House report on resolution, 509. 






542 GENERAL INDEX, 

Osage (Ozage) Indians not drunkards, 415. 

Oswegatchie, mention of, 114. 

Ottawa Indians, home of, 435. 

Ouabache. See Wabash. 

Ouiatanon (Oujatarion), site of, 319, 327; advantages of, 328; description 
of, 329; military post established at by the French, 329, 330; site of now 
distinguishable, 331; commandants of fort, 331; letter of Beauharnois 
to Count Maurepas concerning, 332; relations with the Indians. 333; 
progress of the settlement, 334; it passes into the bands of the British, 
334; its capture by the Indians, 334; ill feeling existing between the 
English and French and Indians. 335; description of settlement and 
fort, 338, 339; Indian war threatened, 339; was not the town destroyed 
by Gen. Scott, 346; mention of fort, 414; location of, 420; location 
find distance from Detroit, 436 and note; list of inhabitants at, 440. 

Ouiatanon (Ouyatanon) Tribes, The, movements of, 32S; site of town on 
Wabash River now clearly distinguishable, 331 ; orders to drive the 
English from the Ohio, 332; home of, 335,33s, 420; mission of Antoine 
Gamelin to and its failure, 339, 3.J0; Gen. Scott despatched against, 
340; capture of Indian towns, 341, 342; second expedition against, 346; 
destruction of towns, 347; later history involved in mystery, 347; men- 
tion of, 4 10. 

Ouija, Indian village of, 440. 

Passumpic River, mention of, 115. 

Peanguichias, Indian village of, 329. See Piankishav-js. 

Pennycuik (Pennysuik), mention of, 116. 

Petersburg, formerly Tanner's Station, 366. 

Pelitscotias, Indian village of, 329. 

Philadelphia, mention of, 117. 

Philanthropist, The, publication begun by Charles Osborn, 248; quota- 
tions from on slave colonization and slavery, 248 to 256; sale of to 
Elisha Bates, 251; when, where and why published, 257. 

Philanthropist, The, edited by James G. Birney, mention of, 257. 

Phillipsburg, mention of, 117. 

Piankishaw Indians, home of, 410, 437. 

Pigeon Roost Massacre, account of by Judge I. Naylor, 12S; account of 
by A.. W. Tobias, 132; effect of the surrender of Gen. Hull, 129; at- 
tack on the Pigeon Roost settlement, 129; escape of Mrs. Beal, 130; 
attack on Fort Harrison and the pursuit of the Indians, 131; events 
of 181 2-13, 131; situation of Pigeon Roost, 132; account of the mas- 
sacre, 132; escape of the Collins family, 133; pursuit of the Indians, 
133; burial place of the victims, 134. 

Pillories and Whipping Posts, authorized by law of Northwest Terri- 
tory, 8. 



GENERAL INDEX. 



543 



Pipe River, distance from Detroit, 436. 

Pittsburg, mention of, 103. 126. 

Pollv's Case, opinion of John Johnson in, 528. 

Post St. Vincent. See Fort St. Vincent. 

Puttawattamee Indians, home of, 437, 43S. 

Prairie Duchaine, census of inhabitants of with those on the Illinois 

River, 506. 
Prairie du Rochers, donation of land to each family residing at, 450, 453. 
Prairie Ronde, distance from Detroit, 43S. 
Prescme Isle Bay, mention of, 1 14. 
Private Corporation, incorporation of first, 24. 
Prophets town, see Kethtij>j>ecanunk. 
Pusawpaw Sippy, see Kalamazoo River. 
Put-in-Bay, mention of, 113. 
Pyankasaw (Pyankeshaw) Indians, home of, 335, 420. See Piankishatvs. 

Raccoon Settlement, mention of, in. 

Randolph and St. Clair Counties, census of April, 1S01, and immigration to 

between 1S01 and 1S06, 506. 
Richard's Coal Mine, distance from Detroit, 436. 
Rivera Boite, diotance from Detroit, 436. 
Riviere de Rochers, La, mention of, 409. 
Roche de Bout, mention of, 113. 
Rocking Cave, location of, 45S. 

Saline Creek, see Salt River. 

Saline Spring, The, petition for the extension of boundary of Indiana 
Territory to include, 465; reports on, 472, 475, 476. 

Salomin.ee (Salhminee) River, distance from Detroit to, 436. 

Salt River, distance from Detroit, 437. 

Sassafras Bottom, mention of, 112. 

Scalping, abolition of the custom, 344. 

Scioto (Siotha) River, mention of, 112, 409, 418, 419. 

Seneca Indians, mention of, 119, 120, 125; home of, 410. 

Servants, disobedient, laws of Northwest Territory providing for punish- 
ment of, 9. 

Sewickley (Sewekey), or Jacob's Swamps, mention of, 125. 

Shawnee (Shawanise, Shawanoe) Indians, home of, 105, 409, 419. 

Skins, value of in early days, 393. 

Shippensburg, mention of, 117. 

Slavery, existed in Indiana Territory, 20; slavery legislation, 20; laws 
adopted from slave states, 22; further slavery legislation, 29, 30, 31 ; 
slavery clause in constitution of 1816, 33; influence of the purchase of 
Louisiana on slavery in the United States, 68; the purchase of Louisi- 
ana gave rise to manv contests over the institution of slavery, 89; the 



544 GENERAL INDEX. 

ordinance of 17S7 was the beginning of the end of slavery in America, 
91; Charles Osborn was the pioneer advocate of unconditional eman- 
cipation, 2.13 et set/.; first anti-slavery newspaper in the United States, 
247; position taken by Indiana Yearly Meeting of Society of Friends 
regarding slavery, 261 et seq.; slavery petition of, 1796, 447; report on 
petition, 452; slavery petition of 1S00, 445; slavery petition of the Vin- 
cenncs Convention, 461; resolution of Vincennes Convention, 467; 
letter of Win, Henry Harrison, President of Convention, transmitting 
resolution to Speaker of United States House of Representatives, 470; 
report on petition, 470; second report on petition, 473; legislative pe- 
tition of 1S05, 476; memorial from Randolph and St. Clair Counties, 
1803,483; report on petition of 1805,494; memorial of Randolph and 
St. Clair Counties, 1S06, 498; minutes of convention that framed last 
memorial, 503; legislative resolution of 1807. 507; House report on 
preceding, 509; petition of Randolph and St. Clair Counties, 1807, 
510; counter petition of Randolph and St. Clair Counties, 1807, 512; 
legislative petition of 1S07, 515; counter petition of Clark County, 
518; report on preceding, 521; report of Gen. W.Johnson, chairman, 
on petition, 522; opinion of John Johnson in Polly's Case, 528. 

Sledge Island, distance from Detroit, 435. 

Society of Anti- Slavery Friends, mention of, 237; organization of and 
reasons for, 263. 

Society of Friends, position on slavery taken by yearly meeting of, 262; 
endeavors to hide the reason for the degradation of Charles Osborn 
and associates, 265. 

Southampton Insurrection, The, fired the heart of the South, 247. 

South Bend, site of a portage from St. Joseph's to the Kankakee River, 43S. 

Spain, colonization in America, 66; claim of to ownership of the lower 
Mississippi valley and the contentions of the settlers, 70, 71: levies on 
American commerce on the Mississippi and modes of redress sug- 
gested, 73. 74; treaty of October, 1795, 76; retrocession of Louisiana 
to France, 77. 

Split Rock, distance from Detroit, 435. 

Springfield, mention of, 116. 

St. Clair and Randolph Counties, census of 1801 and immigration between 
1 80 1 and 1S06, 506, 

St. Lawrence River, mention of, 114. 

St. Marc Parish, mention of, 114. 

St. Mary's River, submission of seventeen tribes to the French at, 324. 

Stony Point, mention of, 113. 

St. Philips, donation of land to each family residing at, 450. 453. 

Sulpician Monks, joined with La Salle in fitting out his expedition to the 
Ohio in T669. 320. 

Susquahanna River, mention of, 117. 



GENERAL INDEX. 



545 



Swearing, Profane, threat of legislature of Northwest Territory to legh 
late against, u; such legislation passed, n. 

Tanner's Station, afterwards Petersburg, 366. 



Taxes, collection of in Northwest Territory, 9. 

Tax Laws of Indiana Territory, 18. 

Tennessee Manumission Society, organization of, 236; name changed to 

" Manumission and Colonization Society," 243. 
Territorial Courts, trouble in regard to, 27, 2S; equity jurisdiction given 

and appeals authorized, 2S; manner of conducting court, 29. 
Texas, Annexation of, a result of the purchase of Louisiana, 6S; poured a 

flood of light on slavery, 265. 
Three Islands, mention of, in. 

Tippecanoe (Tripeccans) River, distance from Detroit, 436. 
Two Islands, mention of. 112. 






Validity of Laws of Governor and Judges of Northwest Territory, 12. 

Vermillion (Virmillion) Indians, home of, 410. 

Vermillion River, distance from Detroit, 437. 

Vincennes, Borough of, incorporated, 24. 

Vincennes, Laws of Governor and Judges of Northwest Territory passed 
at. S; one of the settlements in Indiana Territory in 1800, 16. 

Vincennes Post, a considerable settlement in 1800, 16; distress at in 1780 
from lack of provisions. 9S; formerly called the Fort on the Wabash, 
331; population of, 410; mention of, 414, 418; location of, 420; distance 
from Detroit 437; title deeds and transfer to the British, 422; veritica 
tion of titles, 425, 426, 427; notary's certificate thereto, 42S; certif- 
cate of commandant St. Ange, 429, 430; authentiiication of tLieu- 
tenant-Governor Piernas, 431; letter of Gen. Haldimand referring to 
title deeds, 431 to 434; list of inhabitants at in 1769, 439; Indian title 
to lands at extinguished, 454; petition for a grant of land for the sup- 
port of schools in, 464; reports on, 472. 

Vincennes University, incorporation of, 24; its lottery and the judicial 
decisions concerning it, 25, 26. 

Wabash and Erie (Wabash and Miami) Canal, construction authorized, 

etc., 190 to 193; laws relating to, 221. 
Wabash (Ouabache) River, acts providing for the improvement of, 223; 

mention of, 326, 327, 329. 332, 335, 33S, 339, 341, 342, 344. 347, 410, 416, 

420, 421, 440; need 01 the English for a fort at mouth of, 416; mouth 

of, 420; distance from Detroit, 436. 
Wandayon Sippi. See Sa/t River. 
Washtanon. See Grand River. 
Wea River, inducements for settlement at mouth of, 328. 



546 GENERAL INDEX. 

Western Tract Society, supplied anti-slavery information, 23';. 

Wheeling, mention of, 103, ill, 119, 120, 126. 

WhetzeU's Trace, a road in 1S16, 34. 

Whisky Insurrection, overthrow of strengthened the national sentiment, 

76. 
Wolf Rapid, distance from Detroit, 435. 
Worcester, mention of, 116. 

Youghagania River, mention, 111. 



INDEX OF NAMES, 



Abbott, Edward, Lieut. -Gov. 
and Sunt, of Vincennes...339, 

Acheson, Michael 

Adam. William 

Adams, John, President 

Adams. John Quincy, Presi- 
dent Si, 

Adeler, Isaac 

Adder, James, Sr 

Adeler, James 

Adeler, John 

Ahar, Auguste 

Ahar, Pierre , 

Ahnsworth, William 

Aijot, 

Aker m a n , W i 1 1 i am 

Aldieumet, St 

Alexander, William 461, 491, 

Allair, 

Allard, Auguste, alias Parer 

Allaryj. C ,. 

Allen, Bill..., 

Allen, Solomon 



440 

49 1 
491 



Aliery , C lement 

A m be r e au , T 

Anderson, Catherine 

Anderson, Captain Isaac.... 

Anderson, James , 

Anderson, Joseph 

Anderson. Captain Robert. 

Anderson, William 

Antire, Antoine P.. ,. 

Appellate, William 

Archambcau, Louis 

Archanbat. Joseph 

Arcl ess, Richard 

Armstrong, John..... 

Arnet, William 

Arnousse, Francois 



54 
493 
493 
493 
493 
459 
459 
493 
440 

459 
461 

5*4 

426 

5H 

4S9 

37'$ 
490 
4S9 
490 
128 
11 1 
461 
490 
128 
460 
459 
5*4 
5*4 
459 
489 



Arpam, 

Arundel, William 460, 

Atcheson, George |6o, 

Atcheson, William 

A tchison , Michel , 

Backus, E 



493 
4S9 

439 
4 SS 
491 
490 
49 1 
5°3 



Radgiey, Ichabod 

Bagly, Asher ,....,.. 

B agui ne, 

Bailoup, - — - 

Baker, George , 

Baker, Lieutenant 106, 

Baley, Israel 

Baley, James, Sr 

Baley, James, Jr...., 

Bankson, Andrew 

Bankson, Charles 

Bankson, James 

Bankson, Silas 

Barbar, Andre..... 

Barbarv, P 

Barbau, Andre 

Barbau, B.... 

Barbau, Bapte 

Barbee, Major... 

Barber, David..... 

Barker, E 502, 

Barois, Francois , 

Barrois, Francois 

Barrutel , Joseph 

BarthO, Pierre 

Barutal, Blaise 

Barute, Blaise 

Bates, Elisha 

Batieau, Joseph , 

Baulion, 

Baumer, 

Bave, Daniel 

Ba verel le, Tusen te 

Bayley . , Brigadier-General 

Bay ley, Ephr 

Beaird, John ^02, 1503, 

Bcal, Mrs 

Beale, Cole 

Beard, William 

Beauharnois. 

Beaulieu, Basil 

Beaulieu, Jean 

Beaulieu. Michel 

Beggs, Charles 128, 

Beggs, James..,, 12S, 



460 
491 
460 

439 
489 
1 1 1 
489 
493 
493 
-190 
490 
490 
491 

SH 

4S9 

459 
459 
459 
34 2 
459 
5<>3 
439 
4 2 5 
490 
440 
461 
5H 
257 
489 

439 
428 

4S9 
459 
116 



130 
4S9 
242 

33 2 
489 
460 
460 

S*8 

518 



(547) 



54$ 



INDEX OF NAMES. 



:S, 518, 



Beggs, John 

Belcher, G 

Belderbaek, Ephraira...502, 503, 

Beldcrhack, John 

Bell, William 

Bell, William H 

Benezett, Anthony 252, 

Bennett, William* 

Bequete, J. G 

Bequette. J. 13 „. 

Bergan, Charles 

Bergeron, 

Bergerson, 

B ergin , Dennis. 

Berthelem v, 

Ber tin . Pierre 

Best, Samuel 

Biddle, Judge Horace P 40, 

Bienvenue, Antoine, Pre 

Bien venue, Enris 

Bienvenue, Henry 

Bienvenue, Michel 

Biggs, George 

Biggs, II 



520 
489 
5 1 . 2 

490 
490 

4S9 

265 

117 

489 

489 

4S8 

4-7 
440 
4S9 
440 
440 
489 
57 
459 
459 
5*3 
5H 
490 

459 

BlggS, IN 502, 503 

Biggs, W T 490 

Biggs, William 3, 505 

4 2 5 
257 
234 
460 



Binet, 

Birney, James G 234, 

Birnev, Gen. William 

Biron, N 

Blackford, Judge Isaac 

Blackmore, William 

Blair, George .....460, 

Blay, Antoine 

Blay, Charles 

Blay, Joseph 

Blay, Josephe. 

Blohdeau, D..... 

Blount, William 

Blunt, William 

Bois, 

Boismeneu, Nicolas... 

Boismenn, Nicholas 

Bolton, Nathaniel 

Bonavanture, 

Bond, Shadrack, Sr 

Bond, Shadrack 460, 

Bone, Barnabas 

Bone, Barneth 

Bonneaux, Charls 

Boon, William 

Bordeleau, 

Bordelot, 



22 



252 
490 
5*4 
5M 
5H 
459 
4S9 

76 
493 
459 
460 
4S9 

5° 
4-7 
491 

505 
491 
490 
425 
5*4 
425 
439 



Bosseron, Charles 

Bosseron, Francois 

Botkin, William 

Boucier, 

Boutin, Chariot , 

Boutitinte, Jaques 

Bovoiet, Alexis 

Bovoiet, Joseph 

Bowie, Allcxe , 

Bowie, lerom 

Bo wen, Aaron 

Bowman, Col. John 

Boyer, 

Boyles, Bailey 

Bo vies, Jesse 

Boyles, S. A 

Bradbury, James 

Brady, T 

B rady , Thomas 

Brant, Joseph 107, 

Brasel, Valentine 

Brasil, Robert 

Brewer, Martin 

Brewer, N 

Brewster, John 

Broadhead, Col 

Broiiillet, 

Brouster, John. 

Brown, Basil 

Brown, Ch , 

Brown, John 

Brown. R. T 

Brown, William J 

Brunett, 

Brunette, .... 

Bryant, Prince 

Buaijte, Cola 

Buatte, Louis 459, 

Buatte, Nicholas * 

Buffum, Arnold 

Bunch, Steton 

Burnet, Judge 

Burr, Aaron ..24, 

Bush, William 377, 

Butler, Major- General Benja- 
min F 

Cahsey, Zachariah 

Cain, Jesse 

Cairns, William 

Caldwell, James 

Caldwell, John '.. 

Calhoun. R : 

Calumiene, Loins Petit....: 

CalwelL John 



426 
426 
493 
439 
459 
459 
459 
459 
459 
459 
489 

98 

427 
490 

490 

459 
490 
460 
489 
109 
490 
490 
480 
489 
122 
101 

4-5' 
117 

353 

493 
133 



439 
.127 
460 
459 
5H 
5*4 
265 
5*4 

75 
37* 

372 

493 
491 
4S9 
490 

460 

459 
490 



INDEX OF 

Cambel, Johnston 514 

Campau, Baptiste 440 

Campaux, 427 

Camp'eau, J 489 

Campbell, Colonel 117 

Campbell, Capt. Tbos 117 

Campbell, Capt. William 125 

Camus, Francois 459 

Canifaux, 426 

Capuchin, 4 <o 

Cardinal, 439 

Cardinal, J 440 

Cardinal. La George 427 

Cardinal, Millet 439 

Garleton, Sir Guy 440 

Carnahan, Colonel 111 

Carpenter, Ephraim 488 

Carpenter, E 514 

Carrigin, Hugh 48S 

Carruthers, John 490 

Carson, John 514 

Cartier, 426 

Casson, Ante, alias Prevost 513 

Chabot, Joseph 425 

Chaffin, William 503 

Chalet, Louis 4S9 

Chalfi 11, Amos 460 

Chalfin, William.. ......460, 502, 503 

Charnberlarid, Bapte-Germain, 

J r ; 5*4 

Chamberland, Louis Germain, 

S r ■ 5H 

Chamberland, Louis Germain, 

J r 5H 

Chamberland, Joseph 513 

Chambers, B 483 

Chambers, Benjamin 366 

Chambers, James 124 

Charnpcauv. 427 

Chanalle, Francois 460 

Chance, Joseph 490 

Chapard, Veuve 427 

Ghapeaux, 426, 439 

Chapot. Josephe 439 

CharbiaTl, Louis 4SS 

Charpage, Francois 460 

Chartier, 426 

Chartran,J 489 

Chartran, T 4S9 

Cheautien, Pierre j.6o 

Chenbeurlend, Baptiste 459 

Chenbeurlend, Louis 459 

Chenier, Joseph 489 

Choslier, P 48S 

Chouteau, Therese 460 



names. S49 

Christie. William 122 

Clairman, 430 

Clark, Abram 460 

Clark, George Rogers, 24, 97, 98, 
99, 100, 101, 102, 103, 104, 105, 

106, 107, 108, 447 

Clark, Henry 491' 

Clarke, William 17 

Clay, Henry 263 

Clement, 440 

Clement. Captain .. 116 

Clermont, j.26 

Clinton, De Witt......... 256 

Coburn, Henry P c? 

Coburn, General John 39 

Cochran, John 514 

Cochran, Samuel.. 514 

Coder, Baptiste 459 

Coder, Joseph 459 

Coder, Rene 459 

Coffin. Levi 241, 242 

Colbert, French Minister 320 

Cole, James 493 

Coles. Edward 233 

Coline, P 490 

Collings, Henry 132 

Collings, John 132, 133 

Collings, Lydia 133 

Collings, William E 133 

Collings, Zebulon 129 

Collins, Timothy 493 

Coloute, Fran. Bapte 514 

Compte, 459 

Compte, Pierre 450 

Connelly, Colonel 102 

Conner, Abner 493 

Conner, Richard 493 

Conner, William 377 

Conner, William W 356 

Connor, Henry 5(3 

Cook, Henry 460, 491 

Cook, Joseph 490 

Corbaley, Jeremiah J 378 

Cornaux, p7 

Cornelius, James 491 

Cornelius, Joseph 490 

Cornville, Pierre 439 

Corwiri, John 379 

Cotineau. Baptiste 459 

Cotineaux, Antoine ....459, 514 

Gotten, Benjamin 1 16 

Courcelles, Governor of Canada 324 

Cpuraoyer, 4:7 

Cowpag.ar.te, Pierre (.89 

Covvper, Captain 434 



55° 



INDEX OF NAMES. 



Cox, E.T.... ....183, 220 

Cox, Henry 490 

Cox, Joseph 

Cox, Thomas 

Cox, William R 

C r a ff 6 I'd , J ohn 

Crandall, Captain 

Crane, William 

C rapper, Leon 

C rapper, Nathaniel 

C rapper, Thomas. 

Crawford, Randall 

Crawford, William 

Cray era ft, Major 

Cremour, James 

Ore m ou r , T 

Crepuux, 

Crepo, 

Gresson, Elliott 

Crocker, John 

Crocker, '1 nomas 

Crockett, Colonel 

Croghan, Colonel 336, 

Croghan, Major , 

Cufle. Paul .., 

Cunningham, Daniel 

Cunningham, George 

Cunningham, William.. 

Cunningham, William, Jr 

Curry, Calvin 

Custland. Benjamin....... 

Cutler, Rev. Dr 

D'Abadie, Governor- General 

of Louisiana , 

Dalahide, Aquilla 

Danes, Michael 

Dani, 

Danij, Antoinne 

Danij, Chatti 

Dani), Michel 

Danis, 

Danis, Ante, Jr 

Danis, Bapte, Jr 

Danis, Gerome, Sr 

Danis, Michel, Jr 

Dany, Charles, alias Boutine.. 

Dartmouth, Lord 433 

Daves, Noah. 490 

Davis, C, Jr , 490 

Davis, Edwin A 227 

Davis, Noah 490 

Davis, Rachael 236 

Davis. Thomas Terry 24 

De Bellerive, Louis St. Ange. 

See 67. Ange. 



493 
489 
490 
459 
367 
493 
459 
459 
459 
35 1 
490 
111 
460 

4S9 
426 
440 

261 
490 
490 
102 
33S 
104 

493 

489 

493 
493 
460 
491 

7 

430 
491 

4S9 
459 
459 
459 
459 
425 
514 

5*4 



De Bienville, Governor- Gener- 
al of Louisiana 

Debois, Louis 

Decker, Enoch 

Deeochy, 

Decochy, G., fits 

Deeochy, Louis 

De Gomte, 

Deford, George 

Degagmer, Pierre 

Degagniez., Jaques 

Dehag.Jean 

Dehai, jean... 

De Kerlerec, Governor-Gen- 
era! of Louisiana , 

Delaronte, Alexis 

De Ligne, 

De Ligueris, 

Delochy, G 

De Longeueuii, ■ 

De Lorier, 

Dc loner, 

Demet, Francois.... 

DeMovon, jean Louis 

Denny, Able , ,.. 

Denoiyon, 

De Novon, Toust 

Depe, Michelle 

DePeyster,MajorArent Schuy- 
ler.. 

Deregnay, Joseph 

Derier, Saint...... 

Deroin, Joseph 

Descrete,P... 

Deshetres, 

De Signe, 

Desne, Magnifique 

Desnott, — — , 

DeVaudre'vilie, Governor-Gen- 
eral of Louisiana 

Dewey, Abel 

Dewey, Judge 

Dielle, ,., 

Dill, Gen. James 

Dillon, John B 40, 

Dimpsey, John 

Dizie, 

Doddridge, Joseph 

Dolier and Gallinee, Fathers, 

320, 

Dominguc, 

j Dorien 

j Douglass, Ben 

Douglass, James '.. 

' Downey, Jeremy 



430 

4*9 
491 

459 
5*4 

5 l 4 
439 
493 
459 
459 
489 
460 



439 
439 
333 
514 

33 
439 

4 2 5 
460 
427 
488 

439 
427 

439 

"3 

5'- 3 
426 

439 
489 
426 

4 2 5 
439 
439 

43° 

5 J 4 
35 2 
426 

353 

57 

460 

427 



459 
440 

49 
127 

459 



INDEX OF NAMES. 



55 1 



Downing, James 

Downing, Will tam 

Doyle, John 459, 

Doza, Alexis 

Doza A Ilex v 

Drapier, W. H. and A. E 

Drouet, Veuve 

Drotiin, 

Dim v, Clement 461, 

Drury, Ralph 461, 

Drury, Raphael 502, 503, 

Drury, Raphe! 

Drui v, William 

Dubois, 

Dubois, Don is 

Dubuisson, Sieur 33°> 

Dubuque, B 

Duchesne, 

Duclos, 

Dueclos, jean Bapte 

Dulonchant, L 

Dumoulier, John,., 

Dumoulin, John 

Dumoulin, Js.,..., 

Dunn, James..... 

Dunn, William 461, 

Dupre, John 

Durbois, 

Dutremble, 

Eads, James 

Eads, William 

Edgar, ^41, 

Edgar, J. .459, 4SS, 502, 503, 505, 

Edgar, John. 4.52, 

Edgar, Js if... 

Edgar, James 

Edgerton, Walter 241, 

Elliott, Leroy .• 

Ellis, Lieutenant 

Embree, Eli iu..... 

Endsley, Abraham 

Endsley, Andrew, Sr 

Endsley, A nd rew 

Endsley, Hugh..., 

Endsley, John 

Endsley, Thomas 

Eneaux, Nicholas, alias Canada 

Ensminger, D 

Estes, Elijah 

Evans, Thomas J...,. 

Everitt, John 502, 503, 

Everts, John 

E wing, David, 

Ewing, John 

Ey mam, Abrah am 



490 
490 
489 

5*4 
461 

158 

426 
427 

5*4 

5^ 

461 
461 

439 
460 

33 1 

460 

439 
459 

4S9 

489 

45 2 
460 
460 
488 
4S9 
427 
439 
493 
493 
442 

5 12 
5°3 

459 
489 

242 
4S9 

434 

257 

493 
493 
493 
493 
493 
493 
5*3 
4 89 

5*4 

354 
5 13 
5P3 

-193 
493 
49° 



Farrell, William, 7 noic, 23 note, 

Favor, Captain 

Feeter, John 

Ferguson, Judge C. P 

Ferguson, Isaac 

Ferguson, William 

Finch, Judge John 377, 

Finch. John A 

Finney, J 

Fisher, G 

Fisher, George j6i, 

Fisher, John 

Fislar, Jim 

Fletcher, Calvin 

Fleming. Peter 

Flood. William 

Floyd, Davis 518, 

Foote, Winthrop 364, 

Foote. Ziba 

Forgison, John 

Forgorson, John 

Fortian, Baptist 

Ford, James 

Foster, 'Squire.... , 

Franklin , Ben i a min , 

Franklin, George 

Francois, Lotii 

Fraser, Lieutenant Aer 

Frazier, Thomas 

Full wood, David 

Fulton, David 

Fulton, John 

Fulton, Thomas 

Fultor. David 

Gage, General. , 423. 

GagnoleUe\ — — 

Gallinee, Fathers Dolier and. 

3-°< 

Gamelin, Michael 

Garrishe, Colonel 

Garrison, William Loyd, 234, 

239; 2J .°> 

Garrote, N 

Gaskeli, Paul 

Gayoso, Don Manuel 

Genin, Thomas II 

Gendron, Bapte 

Gendron, J. B 

Gendron. Louis 

Gerandin, O 

Germaine, Charles 

Gervais, Louis 

Gettie, Arren 

Gibson, Col. J 

Gibson, John 24. 



144 
116 

490 

35 * 
491 
491 

379 
190 

5M 
482 

SH 
461 

354 
i8i 

493 
493 
520 

3% 
35S 
490 
491 
459 
5 X 4 
367 
84 
489 

459 
, 4 oS 
242 
121 
490 
490 
490 
490 
433 
4-7 



|8 9 



-44 
4.60 



490. 



513 
4S9 
489 

4S9 
489 

4S9 
460 

TOO 

H3 



55 2 



INDEX OF NAMES. 



Gil breath, James 490, 

Gil dram, Samuel 

Gil lain, Jonathan 

Gillham, James 

Gillham, John 

Gilliam, John 

Girarding, Antoine 

Girrard, Eli 

Godair, Isidore, alias Pana 

Godair, Isidore, Jr...., 

Godair, Jean Bapte 

Godair, Pierre, alias Pana 

Goder, Francois 

Goder . Louis 



491 

493 
491 
491 

493 
490 



Goder,Pierre 

Goder e, Francois 

G odere, Lagarouche 

Goderis, Alexis 

Godin, Jean X 

Godin, Pierre 

Goin, John 

G oin, William . 

Goinge, William 502, 

Goinges, William 

Goings, William 

Gonviile, Joseph 

Grant, U. S 

Graves, Jacob 241, 

Gray, John 

Green, George..... 

Greignier, Jos 

Griten, Isaac 

Gritfen, John 

Griggs, Jesse 

Grirnar, 

G rimard, 

Griswold, Roger.. 

Grpndine, Francois. . „ 

Grondine, Pois 

Groom s. John 

Gross, William L 23 

Grosvenov, Parker 

GrovenoT, John 

G rovenor, Parker 

' Guerin, Pierre 

Guerion, Pierre 

Guittarre. Jean 

Guthery, Francis , 



Hackleman, Jacob, Sr 

Hackleman, Jacob 

Hademan, Mica! 

Hague, John 488 

H alderman, John....,.., 

Ilaidiman, Fred 



5H 
5*4 
5*4 

427 

4 2 5 

426 

439 
439 
4SS 
489 
4S9 
490 
490 
503 
459 
5«>3 
490 

37i 
242 
488 

491 
4S9 
490 

17 
490 

439 
426 
86 
460 
490 
461 
vote 
461 
4 88 
48S 
489 
460 

459 
490 

5*7 

493 
■ 493 
493 
5H 
4S9 
109 



Haldimand, General 

Haley, William 

1 1 amilton, Alexander 7 j , 

Hamilton, British commandant 

at Detroit , 

II am ill on, Robert 

Hammond, diaries 

Hanna, David G 

Hanna, John , 

Hanna, Joseph 

Hanna, Robert 

Hanna, Robert, jr 

Hanna, Samuel 

Harbonnaux, Charle 

Hardin, Col. John 

Harding, Eliakim 

Harding, Robert... ......378, 3S7, 

Harding, Samuel 

Harnkon, p 

Harrison, James 

Harrison, John.. 

Harrison, Thomas 

Harrison, William Henry, 16, 
24, 31, 32, 468,469, 470, 

Hatten, Henry ,. 

Hay, John 450, 

Hayes, John 

Hays, John 

Hays, Robert ,. 

Hazeel, Daniel 

Hazel, Daniel 

Hazel, Richard 

Hebert, Edward 

Henderson. James 460, 

Hennepin. Father 

Herts, Joseph 

Hey rick, Elizabeth 234, 

Hicks, Elias. 

Hieviere, Josefe 

Hieviere, Michel 

Hieviere, Vitti 

H iggens, John 

Higgins, Phi lent on 

Higins, Robert 

Hill, John 

Hill. Jonathan 

Holland, M 

Holley. Myron. 

Holman, George 

II onebe rry , Patt 

Hooper, James 

Hooper. Ob 

Hopper, Isaac T 

II old 1 kiss. Miles 159, 

Hough, William 



131 

489 



6 9 

460 
256 
493 
193 
493 
493 
493 
493 
439 
34^ 
3 S3 
388 
37S 
490 

5 J 4 
5H 
490 

5°9 
460 
4S9 

460 
4S9 
5M 
49 1 
5M 
5 r 4 
489 

493 
3 2 5 
460 

2 39 

459 
459 
459 
491 
491 
490 
490 
sqo 
489 
233 
493 
460 
490 

49^ 
26; 

4^3 



INDEX OF NAMES. 



553 



Hovcy, Gov. Alvin P., 7 note,, 23 note 

Hoyerman, Benjamin 490 

Hughs, Jcvhn 514 

Hull, Daniel 491 

Hull, Giles 491 

Hull, W 461 

Hunter, William 17 

Hurst, H..... 517 

Hutchins, Thomas 417, 41S 

Hutchinson, Captain 433 

Hutte, G 459 

Iduls, H 490 

Irnan, Ab'm 512 

Jacanay, Samuel 490 

J ame, Joseph 489 

James, Thomas 4S9 

Jandron, Charles 459 

Jarrot, M..,_, 502 

Jarrot, N , 503, 512 

farvis, Franklin 490 

Jaunay, Samuel.. 514 

Jay, John 71 

Jazon, Jean 439 

Jefferson, Thomas, 6S, 78, 79, 80, 

81, 82, 86, 88, 99, 100 

Jendron, Baptiste 459 

Jenchon, josephe... 459 

Jenkins, Lieutenant 334 

Johnson, Colonel 116 

Johnson, Judge James 28 

Johnson, Jeremiah 378, 493 

Johnson, John 23, 144, 482, 528 

Johnson, Oliver 245, 246 

Johnson, Thomas A 493 

Johnson, Sir William 335, 339 

Johnston, John R 126 

Johnston, General W.... 144, 522 

Johnston, William 493 

Johorson, William 490 

Joliet 323 

Jones, Henry ,....461, 491 

Jones, John Rice, 23, 144, 459, 

468, 469, 482 

Jones, William T.J 355 

Jonston, William 460 

Jordan, James 490 

Joseph, John 4SS 

Judah,John M 7 note 

Junie, John 489 

Kean, James 120 

Kelly, William 461 

Kelt'y, W 490 

Kenney, Abraham 461 

Kenney, Joseph 461 

Kenney, Samuel 503 



Kcnor, Jess 491 

Kicket, Joseph |.-,o. 

Kidd,John ^59, 4 ,0 

Kiefhart, Henry 514 

Kilty, W "... 490 

King, Captain 342 

King, William j.59 

Kinkead, Samuel |6o 

Kinney, Abraham 460 

Kinney, Samuel 502, 503 

Kinney, William 461 

Kinzie, John 460 

Kirkpa trick, James 491 

Krey ; Jph..... 514 

Labrierre, Ante 514 

La Chine, \iG 

Lacey, Edward {91 

Lacey, Joshua 190 

Lacey, Samuel , [91 

Lacy, Charles 377 

Lachapelle, Ante 513 

Lachapelle, Antoine 459 

Lachapelle, Basil 459 

Lachapelle, Batite 459 

Lachapelle, L 514 

Lachapelle, Louis 459 

La Cuxier, ■ 4S9 

Ladd, Captain , 116 

La Deroute, 425 

Ladouceur, L 489 

LaFayette, Marquis dc 85 

Laflae, P fSq 

La Fleur. 427 

Lafleur, Gabriel, alias Gagent.. 513 

La Foret, 427 

La Framboise, Antoine 439 

Lafulliade, 439 

Lagaissie, 439 

Lagannicrre, J25 

La Garde, Jean 4:6 

Lagarde. Jean 439 

Lagrandeur, Jean Bapte, alias 

Guitaro 514 

Lagrave, Michel 460 

Lagrove, M 489 

L'Ainc, Tonga 426 

Lajoye, Baptiste 459 

Lajoye, Pierre 459 

Lake, 433 

Lamare, Joseph 514 

Lamorceau, 440 

Lanaurd, Jean Adrian 459 

Lanawocr. A 513 

Lanev. John 490 

Laney, Reuben 490 



INDEX OF NAMES. 



L£ 



tfngiois, 



59^ 



Langlois, Charles 

Langlois, Etien 

Langlois, Etienne 

Langlois, Francois 

Langou mois, 

Languedoc, 

Languirand, A , 

Lanquedoc freres 

Laperche, Pe 

Laperohe, Pierre 

La Plarite, 

Laplante, I. B 

La Riviere, 

La Rose, 

La Salle, 319, 320, 321, 322, 323, 
325, 3 2 6, 

La Soude, 

Lasseile, A ntoine 

Lasseile, Stanislaus 

Latrimouille, 

La Tullippe, 

Latuxiere, John 

Laurain, 

La Violctte, Francois 

Lavoie, Joseph, Sr 

Lavcir, Joseph 

L e a v i 1 1 , A b i j a h 

Le Brun, Louis ...460, 

Lecey, Samuel .... 

Le Compt, Julien 

Le Compte, Louis 460, 

Le Conte, Pierre 

Lee, Jacob 

Le Faivre, Francois 

Le Febvre, 

Lefevre, , 

Lefevre, , Pierre 

Legar, 

Le Meand, Clodius 

Le Meaud, Francis 

Le Meaud, Louis 

Lemen, James 502, 503, 

Lemen, Robert... 

Lemon. James , 

Le Paneie, Pierre 

Le Renari, J 

Lestogos, Joseph 

Lethrune, S. Hubert, Jr... 

Letorns, Pascal 

Levenj, Henry ; 502, 

Levin, Abraham 

Levin, Henry 

Levron, 

Lewis, Abel 



439 

459 
459 
5H 
5M 
427 

439 
489 

427 
460 
4S9 
427 
52S 
440 
4^7 

3n 

459 

528 

58 

4-7 
4 2 5 
4S9 
440 
426 
5M 
459 
5 r 4 
4S9 
490 
4S9 
4S9 
SH 
493 
4S9 

4-7 
440 

•139 
439 
461 
461 
461 

5 12 
460 

503 
459 
489 
489 
490 
4S9 

5°3 

461 

503 
426 

491 



Lewis, Ezekicl 12^ 

L'Hommedieu, 57, 61 

Lightell, James _y/ } 

Ligueris, M. de 333 

Liley, John 490 

Linton, William 379 

Lionay, ^g 

Liqe, Pierre 490 



Little, Abraham 



:8 



Livingston, Edward 8; 

Lock,' John 488 

Logan, James 493 

Logan, Samuel 493 

Logan, William 493 

Logsdon, Captain 342 

Longreal, Joseph 514 

Lonval, 4S9 

Lopage,J.. 489 

Lorain, 335 

Lord, Captain. 4.33, 434 

Loughery, Col. Archibald 97 

Louviere, Antoine, pis 459 

Louviere, D'Amour 459 

Lou vierre, A ntoinne 514 

Louvin, Ch 459 

Lovejoy, Elijah P 248 

Loveston, George 493 

Lucas, William 489 

Ludlow, Israel 366 

Lundy, Benjamin 234 

Lusk, Vance 491 

Latuxiere, John 4S9 

Lyle, John ...., 4S9 

McBrier, David 122 

McBrier, Elizabeth 11S 

McCarty, Benjamin 493 

McCarty, Enoch, Sr 403 

McCarty, Enoch, Jr 493 

McCarty, Patrick., 493 

McCarty, William 493 

McCormick, John 378 

McCoy, Captain 341 

McCoy, James 493 

McCoy, Thomas 493 

McCoy, William 493 

McCurdy, David 



McCutcheon, John 493 

McDaniels, Aaron 460 

McFei ron, Joseph 459 

McGary, Captain 98 

McGaughev, Arthur 117 

McGloghton. William |6i 

McGowan, James 4S9 

McEivain, James 37 

Mcintosh, John 4 £ 5 



INDEX 0J< 

McKee, Captain 107, 112 

McMahon, Robert 459, 461 

McMutrtv, G 490 

M'Mutrv," 1 489 

McNabb, Charles 514 

McNabb. James 459 

M'Nall, Charles 490 

M' Roberts, William 490 

Mc Williams, W 121 

Macy, Enoch 242 

Madison, James - 81 

Magate, J..... 4S9 

Maignian, 440 

M ai n waring, "Solomon j.93 

Maisonville, 335, 425, 4.40 

Maisonville, Francois 440 

Major William 493 

Malette, Antoine , 425 

Maiette. Louis 425 

Mall, Henry 460 

Malle, -fits 439 

Malie, Mrs , 439 

Mallet, 439 

Mallette, Francois 427 

Mailette, Veuve 427 

Manege, Joseph 490 

Maner, Jesse 514 

Mansfiel, James 490 

Mansfield, E. D 369 

Mansfield. Jared 358 

Manwaring, Richard. Sr 493 

Manwaring, Richard, Jr 493 

Marassi, Pierre 514 

Marci, Antoine 439 

Maria, .-. 427 

Marie, Ste 421, 441 

Marier, 425 

Harney, John 460 

Maroit, j. D 489 

Marshall; Joseph G.... 354 

Marshall, William 377 

Marteau, Gabriel 1S9 

Martin, Pierre, Sr 4S9 

Martin, Pierre, Jr 4S9 

Martin, Saint. 426 

Martyr, Moses 493 

Mason, Captain 117 

Mather, Elilni 4S9 

Meaner n , J arnes 490 

Mechlin, Jacob, Jr 123 

Meleyer. 425 

Menard, Francois 514 

Menard, Hipolite 459, ^13 

Menard, Pierre 4S2, 508 

Mennier, Joan , {.89 



NAMES. etc; 

Mereier, B 4^9 

Mcrcier, Hubert jSg 

Mereier, Julien jSq 

Mesenger, John 503 

Messinger, J 502, 512 

Metaigc, Jpsephe ^39 

Meleyer, pjj 

Men nier, Jean 460 

Michel, Peter 490 

Miller, Henry 490 

Miller, William ujo 

Millet, 426 

Millet, Cardinal... 427 

Millholland, John 493 

Milihomme, Jean 439 

Miranda, Don Francisco de 77 

Miret, Pierre 439 

Montgomery, Colonel 98 

Montray, J. B 490 

Montray, J. B., Jr 490 

Mordock, John 490 

Morgan, Francois 331 

Morin, Loins. 459 

Morreaux, 426 

Morris, Gouverneur 84 

Morrison, Ep'hraim.... 368 

Morrison, J 4S9 

Morrison, James 459 

Morrison, Jess 490 

Morrison, Jesse 4,59 

Morrison, Robert, 459, 48S, 505, 506 

Morrison, Samuel 366 

Morrison, Samuel 366, 491 

Morrison. T ....'. -|6x 

Morrison, William 432,459, 4SS 

Morrison, W. E ,. 461 

Morrow, Thomas 490 

Moutrie, Anthony 459 

Moutrie, Jean Baptiste 459 

M outre, jean Baptiste, Jr 459 

Mull, Daniel ., 460 

Nail man, John V93 

NavancI, Joseph 4^0 

Naylor. Elizabeth 128 

Naylor. Judge I 128 

Naylor, John 128 

Newburg, T 461 

Newbury, Thomas 490 

Nicholas, -139 

Nichols, William 460 

Nicole, Ju hen 4S9 

Norrcs. John....... 493 

Norris, Captain 133 

Norris, Mrs. John 132 

Nouvoau. 439 



5$6 



INDEX OF NAMES. 



Nowland, John 

Odell, Daniel 

Q'Hara, Henry 460, 

O'Hara.John..* 460, 

Ohara, Patrick 

Oliver, Moses 459, 

Olivier, 

Olivier, Niehola 

Olivier. Nicholas, alias Mahin.. 

O'Neill, Charles 

Orlans, 

Orr, Captain Robert 106, 

O shorn, Charles 234, 

Osborn, Isaiah 

Owen, David Dale..., 

Owen, Robert Dale 

O \v e n s , J o h 1 i 

Page, Daniel 

P*ge, J.-«.». 

Page, Josephe 

Page, Peter. 

p ag et, 

Paget, Francis 

Paille; 

Faitque, Michel 

Palmier, David 

P a h 11 i e r , J e a n 

Pana, Benifeance, alias Godair. 

Pan a, Pierre 

Panat, 

Pansanno, Etienne 

Parke, Judge 

Parke, B.... 

Parker, Abraham 

Parrot, J.,.. 

Parsons, Samuel 6, 

Patterson. James 

Patton, Robert 

Patton , W ii Ham 

Payne, Ellis 

Payne, John 

Peleteree, — — 

Pelletier, 

Pelletier. Ante, alias Autoya... 

Peltier, Antoine 

Peltier, Joseph 

Peltier, Michel 

Peradort, Antoine , 

Perat, Leon 

Perat, Pier 

Periaux, Louis 

Perio, Louis. a//«.sVerboncoeur 

Perodeau, 

Peron, Pcrc 425, 

Peron. nls 



400 
490 

491 
491 
493 

-19° 
427 

459 
514 
489 

439 
I2 5 
266 
242 
182 

355 
5*8 

489 
48S 

459 

4S9 
427 
490 
440 

459 
461 

461 

5*4 

459 
439 

5°3 

28 
482 

489 
489 

H 

490 

5M 
491 
132 
491 
439 
4-7 
5M 
490 

5*4 
490 

439 

459 
459 

459 
5i4 
4-5 
-139 
4 2 5 



4 S 9» 



Peron, Pierre... 
Perot, Nicholas 
Perre, Jendrori.. 

Perrey, ..46 

Perrin, Baptiste 

Perrin, Jean Bapte 

Perry, Jean F 

Petit, Louis 

Pettetier, Louis 

Pettit, Amos 

Pettit, Charles 

Petti t, Jon ath an 

Peyrade, Ensign Chevalier de la 

Ehilibert. 

Phillibert, J. E 

Phillips, William 

Pickering, Timothv 

Piernas, Don Pedro 

Pillette, Louis, alias Lasoude... 

Pinsoneau, E 

Pinsoneau, Etne 502, 503, 

Pinsoneau, Louis , 

Pinsonneau, Loins 

Pinsono, Etn 

Pitette, Loui^ 

Pitette, Michael 

Pitette, Michette 

Plichon, 

Plichon, Francois..., 

Poere, Antoine 

Pogue, George 

Poisson, Louis 

Polinnete, 

Pontiac ^36, 

Porae, Peter 

Porter, William 460. 

Poupard, Joseph, Sr 

Poupard, Joseph, Jr..... 

Poupart, Joseph, Sr 

Poupart, Joseph., Jr 

Powers, Thomas 

Prewet, Fields 

Pre wet, Joseph 

Prewet, Solomon 

Prewet, William 

Price, Captain 

Primm, Thomas 

Profht, Geoige H 

Prophet, The 

Provencalle , 

Prove, Antoine.. 

Pruit, Abraham 

Puckctt, Daniel 241. 

Purdue. John.. 

Putnam, Rufus 7. 



439 
440 

•1 59 

5 l -' 
-159 
5*4 

460 

489 
4G1 
490 
490 
333 
425 
42S 
490 
S6 

43 1 

sn 
4S9 



460 

489 
460 
489 

4 y 9 
460 

426 
426 

5 X 4 

378 
460 

4 3 7 
338 

48S 

49i 
460 
460 
489 
4S9 

75 
491 

491 

4^ r 
491 
34 1 
489 

355 
347 
439 
459 
491 
24; 



INDEX OF 

Quincy, Josiah S6 

Racicault, 427 

Racine. J, Bte 425 

Ralph, Asa 493 

Ralph, 1 1 a/en 493 

Ramp. George Renne , 491 

Randolph, John 91 

Randolph, Thomas 3^3 

Ranev, William 493 

Rankin, Dr. A.T 238 

Rankin, Rev. John 237, 23S, 246 

Ranon, Jesse.., 491 

Rapicaut, 439 

RatliiT. Edward ,. 490 

Rattan, Richard 491 

Rav, Joseph 369 

Rector, William 362 

Reed, Enos B 1S1 

Reed. Jos 490 

Reed, Moses B..., 490 

Reed, Oliver , 4S9 

Reed, William 490 

Relhen, Francis 491 

Reynolds, John 4S9 

Reynolds, Robert 491 

Richarville, Mrs 439 

Right, John 514 

Ritchesor, George.. 460 

Ritchie, John. Jr 460 

Roberts, George 460 

Roberts, W , 490 

Robertson, Robert 51S 

Robins, John 460 

Robins, William . 460 

Robinson, D. C , 490 

Robinson, R...4SS, 502, 503, 505, 512 

Robison, Robert.... 503 

Rodrigue, Diego ;.... 514 

Rcdrigues, Diego 459 

RonilJard, Louis , 489 

Rue. Richard 493 

Ruseau, Francois 459 

Russel, Enoch 493 

Russell, James 493 

Russell, John 493 

Russell, Robert 493 

Ryan, Michel 460 

Sabotte, Joseph 439 

Sachisne, Charle 439 

Sagnaux, -526 

Salmon, Richard 116 

Sanford, David 358, 360 

Sanschagrin, 439 

Sanspeur, 439 



FAMES. SS7 

Sans Peur, Jean Raptiste 426 

Sans Peur, Pierre 425 

Sargent, Winthrop 6, 8 

Saucier, B 460 

Saucier, J. Bt 489 

Scot, Charles 493 

Scot, Powel 493 

Scott, Alexander 490 

Scott, General Charles.... 340 

Scott, James 490 

Scott, Jehu 460 

Scott, John 490 

Scott, Joseph 400 

Scott, Samuel 490 

Scott, William 490, ^02, ^03, ^12 

Scott, William, Sr ... 460 

Scott, William, Jr 460 

Scruggs, Natt 491 

Selden, Roger 461 

Shannon. Captain 106, in 

Shaw, William.. 514 

Sheets, William 353 

Shook, Daniel jqo 

Shook, David P 368 

Shook, Laurence, 490 

Shook, Samuel., 490 

Shook, Solomon 460' 

Short, Jacob 460 

Short, Moses 490, 502, 503, 512 

Shugart, John 241, 242 

Singleton, John 460 

Sinical, Toussin 459 

Sink, Daniel 460 

Siteng, Parat 460 

Smith, Caleb B 354 

Smith, James 514 

Smith, Michael 461 

Smith, Oliver H 355 

Smith, Robert 461 

Smith. William.. 493 

Smith, William, Jr 493 

Spannart, John 459 

Speakman, William 4S9 

Speers, Robert.. 493 

Spencer, Samuel S 461 

Spike, General 114 

Sproat, Co'. Ebenezer.. 7 

Squires, Amos 491 

St. Ange, Louis. ..407. 408, 420. 431 

St. Aubain,Jean 427 

St. Aubin, 139 

St. Clair, Arthur. .6, 13, 2-S, 31, 32 

St. Clair, William .... 452 

St. Germain, Jean Louis 460 






:o< 



INDEX OF NAME 



St. Lusson, Sieur dc 

St. Marie, Jean Baptiste Racine 
<&t 439, 

St. Martin, 

Stanto, George, Jr 

Stanton, Benjamin.. 

Star, Daniel 

Ste. Marie 

Stevens, Stephen C 

Stock ley, Captain 

Stockton, James 

Stokely , Thomas., 

Stookey, Daniel 

Stoops, David.,. 

Storm , Thomas 

Stotsenberg, John EI iS n. 

Stouckv, Solomon 

Stout, E 17, 

S t rong, Wh arham 

Stroud, Adam 

Stroud , Samuel 

Suinaitte, J aque 

Swain, Elihu.. 

S wain , J o n athan 

Swain, Rachael. See Davis, 
Rachacl. 

Symmes, John Cleves 6, 8, 

Talbot, John 

Talbot, T. II 

Talon, Intendant. 

Tan qui, Francois 

Tate, James H.. 

Taylor, Zachary 

Temple ton, John. , 

Templeton, Robert, Sr.,.., 

Tern pie ton, Robert 

Templeton, Robert A 

Tern pie ton, William 

Terrell, William H. H. t Adju- 
tant-General 

Teter, Solomom 

Thibault, 

Thomas, Anthonj r 

Thomas, Jesse B ...,482, 508, 

Thompson, Alexander 

Thompson, Captain. ...107, 112, 

Thompson, Jane 

Thorn pson, Samuel 

Thomson, John.. 

Thorn. D... 

Thorn. Daniel 

Thorn, S 

Tibaux , C har'ies 

Tibeau, Francois 

Til yea, Charles..... 



44 T 

439 
490 
242 
460 
421 

35 2 

126 
491 
120 

490 

493 
117 

143 
5 12 
H3 
489 
460 
460 

439 
236 
242 



28 

4S9 
489 
320 

5H 
460 

131 
493 
493 
493 
493 
493 

167 
460 

425 
490 

5^7 
124 

"3 
118 
122 

493 
490 

459 
490 

5*4 

5M 
493 



Tiner. Solomon 

TiiH-r, William 

Tinnant, Moses 

Tobias, A. W 

Tod d , C aptai n 

Todd, Thomas 

Toiniche, Baptiste. 

Toiton, 

Toiton, Jrm 



Tort on, Osm 

Touchette, Joseph 

Touke, P 

Tourgoie. 

Toutous, Fransoit 

Tou tous, J osefe 

Toutous, Michel 

Trotier, Auguste 

Trotier, Clement 

Trotier, Joseph ^61, 

Trotier, Louis 

Trotier, Pois 

Tapper, Benjamin 

Turgeon, Nicholas 

Turgotte, Fr 

Turner, George 

Valanten, Denis 

Valcour, 

Valour, Ambrose 

Vallantine, George 

Vanderburg (Vander Burg), 

Henry 17, 

Van der Poel, Jan Hendick 

Vanmetre, William 

Van na tie, Isaac 

Varnum, James Mitchell 

Vasseur, A mbrose 

Vasseur, Joseph 

Vaudreuii, Governor of'Canada, 

3^ 

Vaudrille, 

Vaudr y , 

Vaudry, Antoinc 

Veaudry, Antoi n 

Vernette, 

Villcneuve, 

Vincennes, Commandant Sieur 

de 

Wadale, Jesse 

Waddell, Alexander 460, 

Waddell. David 460, 

Waddell, Davies 

Waddell, James 

Waddel 1, Jesse ■ 

Wad ley, Thomas. 



493 
493 
49-* 
*3 2 

116 
400 
459 
459 
5*4 



491 

489 
489 

4 59 
459 
459 
459 
490 
4.89 
489 
489 
4S9 

7 
j. S 9 
.160 



460, 
439 
5 J 4 
460 

:.t 
460 

493 

460 

6 

459 
459 

330 

439 

426 

489 

460 
440 

4-7 

33 2 
491 
491 
491 
460 
460 

4»>0 



INDEX OF NAMES. 



559 



Wadly, Jesse 490 

Walker, Captain 116 

Walker, Colonel 1 16 

Walker, Hugh 490 

Walker, John 490 

Wallace, David . 355 

Wallace, Richie 120 

Wargrit, Adam 4S9 

Washburn, E. B 2"^ 



Wa'son, Joseph 493 

Washington, George 70 



Way, II. H ,241, 242 

Wayne, Gen. Anthony 76 

Weakefield. Charles 490 

Wells, William 360 

West, Aaron 491 

Weyand, Jacob, Jr 489 

Wheeldon, John 459 

White, Reuben 488 

Whiteside, Davis 49: 

Whiteside, John. ..460, 490, 502, 503, 

512 

Whiteside, Joel 491 

Whiteside, Robert 490 



Whiteside, William 460, 491, 

Whiteside, William Bolin 

Whiteside, Uel 

Whyskey, A 

Wilkins, Colonel 

Wilkinson, General 

Wilkinson, Lieu tenant -Col 

Wilkinson, General James.. 

Williams, A. ? 

Williams, Isaac 

Williams, Micajah T 

Williams, Thomas 

Willson, W 

Willoughby, Ebr.. 

Wilson, Isaac 

Wilson, James 

Wilson, William 488, 

Winte r, George 

Wise, Henry A 

Wittmer, George 

Woodward, James 

Woolman, John 

Wright, Elezur 



5^ 

•49 1 
4.90 

4S9 
41S 

346 

34 T 

75 ' 
489 

3% 

493 
461 
116 

379 
460 

493 

60 

355 
459 
it6 
265 
233 






^M iW /W O